North Carolina register

NORTH CAROLINA
REGISTER
Volume 16, Issue 2
Pages 52 - 193
July 16, 2001
This issue contains documents officially filed
through June 22, 2001.
Office of Administrative Hearings
Rules Division
424 North Blount Street ( 27601)
6714 Mail Service Center
Raleigh, NC 27699- 6714
( 919) 733- 2678
FAX ( 919) 733- 3462
Julian Mann III, Director
Camille Winston, Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Linda Dupree, Editorial Assistant
Dana Sholes, Editorial Assistant
Rhonda Wright, Editorial Assistant
IN THIS ISSUE
I. IN ADDITION
EMC - NPDES ............................................................... 53 - 54
ENR – Intent to Redevelop a Brownfields
Property - FHO Partners, LLC................................. 55
II. RULE- MAKING PROCEEDINGS
Environment and Natural Resources
Wildlife Resources Commission............................. 56 - 57
Health and Human Services
Blind, Commission for the........................................ 56
Justice
Criminal Justice Education & Training
Standards Commission........................................ 56
III. PROPOSED RULES
Environment and Natural Resources
Coastal Resources Commission............................... 110 - 152
Environmental Management .................................... 95 - 106
Health Services, Commission for............................ 152 - 159
Marine Fisheries Commission ................................. 106 - 110
Health and Human Services
Medical Assistance.................................................... 58 - 64
Justice
Criminal Justice Education & Training
Standards Commission........................................ 64 - 95
IV. TEMPORARY RULES
Health and Human Services
Blind, Commission for the........................................ 160 - 170
Medical Assistance.................................................... 170 - 176
Secretary of State
Uniform Commercial Code ...................................... 176 - 189
V. RULES REVIEW COMMISSION ......................... 190 - 191
VI. CONTESTED CASE DECISIONS
Index to ALJ Decisions................................................. 192 - 193
VII. CUMULATIVE INDEX............................................. 1 - 95
North Carolina Register is published semi- monthly for $ 195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC
27601. North Carolina Register ( ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to
the North Carolina Register, 6714 Mail Service Center, Raleigh, NC 27699- 6714.
NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM
The North Carolina Administrative Code ( NCAC) has four major subdivisions of rules. Two of these, titles and
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North
Carolina executive branch of government has been assigned a title number. Titles are further broken down into
chapters which shall be numerical in order. The other two, subchapters and sections are optional subdivisions to
be used by agencies when appropriate.
TITLE/ MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE
TITLE DEPARTMENT LICENSING BOARDS CHAPTER
1
2
3
4
5
6
7
8
9
10
11
12
13
14A
15A
16
17
18
19A
20
* 21
22
23
24
25
26
27
28
Administration
Agriculture
Auditor
Commerce
Correction
Council of State
Cultural Resources
Elections
Governor
Health and Human Services
Insurance
Justice
Labor
Crime Control & Public Safety
Environment and Natural Resources
Public Education
Revenue
Secretary of State
Transportation
Treasurer
Occupational Licensing Boards
Administrative Procedures ( Repealed)
Community Colleges
Independent Agencies
State Personnel
Administrative Hearings
NC State Bar
Juvenile Justice and Delinquency
Prevention
Acupuncture
Architecture
Athletic Trainer Examiners
Auctioneers
Barber Examiners
Certified Public Accountant Examiners
Chiropractic Examiners
Employee Assistance Professionals
General Contractors
Cosmetic Art Examiners
Dental Examiners
Dietetics/ Nutrition
Electrical Contractors
Electrolysis
Foresters
Geologists
Hearing Aid Dealers and Fitters
Landscape Architects
Landscape Contractors
Massage & Bodywork Therapy
Marital and Family Therapy
Medical Examiners
Midwifery Joint Committee
Mortuary Science
Nursing
Nursing Home Administrators
Occupational Therapists
Opticians
Optometry
Osteopathic Examination & Reg. ( Repealed)
Pastoral Counselors, Fee- Based Practicing
Pharmacy
Physical Therapy Examiners
Plumbing, Heating & Fire Sprinkler Contractors
Podiatry Examiners
Professional Counselors
Psychology Board
Professional Engineers & Land Surveyors
Real Estate Appraisal Board
Real Estate Commission
Refrigeration Examiners
Sanitarian Examiners
Social Work Certification
Soil Scientists
Speech & Language Pathologists & Audiologists
Substance Abuse Professionals
Therapeutic Recreation Certification
Veterinary Medical Board
1
2
3
4
6
8
10
11
12
14
16
17
18
19
20
21
22
26
28
30
31
32
33
34
36
37
38
40
42
44
45
46
48
50
52
53
54
56
57
58
60
62
63
69
64
68
65
66
Note: Title 21 contains the chapters of the various occupational licensing boards.
NORTH CAROLINA REGISTER
Publication Schedule for July 2000 – June 2001
Filing Deadlines
Notice of
Rule- Making
Proceedings
Notice of Text
Temporary
Rule
volume &
issue
number
issue date last day
for filing
earliest register
issue for
publication of
text
earliest
date for
public
hearing
end of
required
comment
period
deadline to
submit to RRC
for review at
next meeting
first legislative
day of the next
regular session
end of
required
comment
period
deadline to
submit to RRC
for review at
next meeting
first legislative
day of the next
regular session
270th day
from issue
date
15: 13 01/ 02/ 01 12/ 07/ 00 03/ 15/ 01 01/ 17/ 01 02/ 01/ 01 02/ 20/ 01 05/ 00/ 02 03/ 05/ 01 03/ 20/ 01 05/ 00/ 02 09/ 29/ 01
15: 14 01/ 16/ 01 12/ 20/ 00 04/ 02/ 01 01/ 31/ 01 02/ 15/ 01 02/ 20/ 01 05/ 00/ 02 03/ 19/ 01 03/ 20/ 01 05/ 00/ 02 10/ 13/ 01
15: 15 02/ 01/ 01 01/ 10/ 01 04/ 02/ 01 02/ 16/ 01 03/ 05/ 01 03/ 20/ 01 05/ 00/ 02 04/ 02/ 01 04/ 20/ 01 05/ 00/ 02 10/ 29/ 01
15: 16 02/ 15/ 01 01/ 25/ 01 05/ 01/ 01 03/ 02/ 01 03/ 19/ 01 03/ 20/ 01 05/ 00/ 02 04/ 16/ 01 04/ 20/ 01 05/ 00/ 02 11/ 12/ 01
15: 17 03/ 01/ 01 02/ 08/ 01 05/ 01/ 01 03/ 16/ 01 04/ 02/ 01 04/ 20/ 01 05/ 00/ 02 04/ 30/ 01 05/ 21/ 01 05/ 00/ 02 11/ 26/ 01
15: 18 03/ 15/ 01 02/ 22/ 01 05/ 15/ 01 03/ 30/ 01 04/ 16/ 01 04/ 20/ 01 05/ 00/ 02 05/ 14/ 01 05/ 21/ 01 05/ 00/ 02 12/ 10/ 01
15: 19 04/ 02/ 01 03/ 12/ 01 06/ 01/ 01 04/ 17/ 01 05/ 02/ 01 05/ 21/ 01 05/ 00/ 02 06/ 01/ 01 06/ 20/ 01 05/ 00/ 02 12/ 28/ 01
15: 20 04/ 16/ 01 03/ 26/ 01 06/ 15/ 01 05/ 01/ 01 05/ 16/ 01 05/ 21/ 01 05/ 00/ 02 06/ 15/ 01 06/ 20/ 01 05/ 00/ 02 01/ 11/ 02
15: 21 05/ 01/ 01 04/ 10/ 01 07/ 02/ 01 05/ 16/ 01 05/ 31/ 01 06/ 20/ 01 05/ 00/ 02 07/ 02/ 01 07/ 20/ 01 05/ 00/ 02 01/ 26/ 02
15: 22 05/ 15/ 01 04/ 24/ 01 07/ 16/ 01 05/ 30/ 01 06/ 14/ 01 06/ 20/ 01 05/ 00/ 02 07/ 16/ 01 07/ 20/ 01 05/ 00/ 02 02/ 09/ 02
15: 23 06/ 01/ 01 05/ 11/ 01 08/ 01/ 01 06/ 18/ 01 07/ 02/ 01 07/ 20/ 01 05/ 00/ 02 07/ 31/ 01 08/ 20/ 01 05/ 00/ 02 02/ 26/ 02
15: 24 06/ 15/ 01 05/ 25/ 01 08/ 15/ 01 07/ 02/ 01 07/ 16/ 01 07/ 20/ 01 05/ 00/ 02 08/ 14/ 01 08/ 20/ 01 05/ 00/ 02 03/ 12/ 02
16: 01 07/ 02/ 01 06/ 11/ 01 09/ 04/ 01 07/ 17/ 01 08/ 01/ 01 08/ 20/ 01 05/ 00/ 02 08/ 31/ 01 09/ 20/ 01 05/ 00/ 02 03/ 29/ 02
16: 02 07/ 16/ 01 06/ 22/ 01 09/ 17/ 01 07/ 31/ 01 08/ 15/ 01 08/ 20/ 01 05/ 00/ 02 09/ 14/ 01 09/ 20/ 01 05/ 00/ 02 04/ 12/ 02
16: 03 08/ 01/ 01 07/ 11/ 01 10/ 01/ 01 08/ 16/ 01 08/ 31/ 01 09/ 20/ 01 05/ 00/ 02 10/ 01/ 01 10/ 22/ 01 05/ 00/ 02 04/ 28/ 02
16: 04 08/ 15/ 01 07/ 25/ 01 10/ 15/ 01 08/ 30/ 01 09/ 14/ 01 09/ 20/ 01 05/ 00/ 02 10/ 15/ 01 10/ 22/ 01 05/ 00/ 02 05/ 12/ 02
16: 05 09/ 04/ 01 08/ 13/ 01 11/ 15/ 01 09/ 19/ 01 10/ 04/ 01 10/ 22/ 01 05/ 00/ 02 11/ 05/ 01 11/ 20/ 01 05/ 00/ 02 06/ 01/ 02
16: 06 09/ 17/ 01 08/ 24/ 01 12/ 03/ 01 10/ 02/ 01 10/ 17/ 01 10/ 22/ 01 05/ 00/ 02 11/ 16/ 01 11/ 20/ 01 05/ 00/ 02 06/ 14/ 02
16: 07 10/ 01/ 01 09/ 10/ 01 12/ 03/ 01 10/ 16/ 01 10/ 31/ 01 11/ 20/ 01 05/ 00/ 02 11/ 30/ 01 12/ 20/ 01 05/ 00/ 02 06/ 28/ 02
16: 08 10/ 15/ 01 09/ 24/ 01 12/ 17/ 01 10/ 30/ 01 11/ 14/ 01 11/ 20/ 01 05/ 00/ 02 12/ 14/ 01 12/ 20/ 01 05/ 00/ 02 07/ 12/ 02
16: 09 11/ 01/ 01 10/ 11/ 01 01/ 02/ 02 11/ 16/ 01 12/ 03/ 01 12/ 20/ 01 05/ 00/ 02 12/ 31/ 01 01/ 21/ 02 05/ 00/ 02 07/ 29/ 02
16: 10 11/ 15/ 01 10/ 24/ 01 01/ 15/ 02 11/ 30/ 01 12/ 17/ 01 12/ 20/ 01 05/ 00/ 02 01/ 14/ 02 01/ 21/ 02 05/ 00/ 02 08/ 12/ 02
16: 11 12/ 03/ 01 11/ 07/ 01 02/ 01/ 02 12/ 18/ 01 01/ 02/ 02 01/ 22/ 02 05/ 00/ 02 02/ 01/ 02 02/ 20/ 02 05/ 00/ 02 08/ 30/ 02
16: 12 12/ 17/ 01 11/ 26/ 01 02/ 15/ 02 01/ 02/ 02 01/ 16/ 02 01/ 22/ 02 05/ 00/ 02 02/ 15/ 02 02/ 20/ 02 05/ 00/ 02 09/ 13/ 02
non- substantial economic impact substantial economic impact
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling. Time is
computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be
published twice a month and contains the
following information submitted for
publication by a state agency:
( 1) temporary rules;
( 2) notices of rule- making proceed- ings;
( 3) text of proposed rules;
( 4) text of permanent rules approved by
the Rules Review Commission;
( 5) notices of receipt of a petition for
municipal incorporation, as required
by G. S. 120- 165;
( 6) Executive Orders of the Governor;
( 7) final decision letters from the U. S.
Attorney General concerning
changes in laws affecting voting in a
jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as
required by G. S. 120- 30.9H;
( 8) orders of the Tax Review Board
issued under G. S. 105- 241.2; and
( 9) other information the Codifier of
Rules determines to be helpful to the
public.
COMPUTING TIME: In computing time in
the schedule, the day of publication of the
North Carolina Register is not included.
The last day of the period so computed is
included, unless it is a Saturday, Sunday, or
State holiday, in which event the period
runs until the preceding day which is not a
Saturday, Sunday, or State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on
the first and fifteen of each month if the
first or fifteenth of the month is not a
Saturday, Sunday, or State holiday for
employees mandated by the State
Personnel Commission. If the first or
fifteenth of any month is a Saturday,
Sunday, or a holiday for State employees,
the North Carolina Register issue for that
day will be published on the day of that
month after the first or fifteenth that is not
a Saturday, Sunday, or holiday for State
employees.
LAST DAY FOR FILING: The last day for
filing for any issue is 15 days before the
issue date excluding Saturdays, Sundays,
and holidays for State employees.
NOTICE OF RULE- MAKING PROCEEDINGS
END OF COMMENT PERIOD TO A NOTICE OF
RULE- MAKING PROCEEDINGS: This date is 60
days from the issue date. An agency shall
accept comments on the notice of rule- making
proceeding until the text of the proposed rules
is published, and the text of the proposed rule
shall not be published until at least 60 days
after the notice of rule- making proceedings
was published.
EARLIEST REGISTER ISSUE FOR PUBLICATION
OF TEXT: The date of the next issue following
the end of the comment period.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING:
The hearing date shall be at least 15 days
after the date a notice of the hearing is
published.
END OF REQUIRED COMMENT PERIOD
( 1) RULE WITH NON- SUBSTANTIAL
ECONOMIC IMPACT: An agency shall
accept comments on the text of a proposed
rule for at least 30 days after the text is
published or until the date of any public
hearings held on the proposed rule,
whichever is longer.
( 2) RULE WITH SUBSTANTIAL
ECONOMIC IMPACT: An agency shall
accept comments on the text of a proposed
rule published in the Register and that has
a substantial economic impact requiring a
fiscal note under G. S. 150B- 21.4( b1) for
at least 60 days after publication or until
the date of any public hearing held on the
rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES
REVIEW COMMISSION: The Commission
shall review a rule submitted to it on or
before the twentieth of a month by the last
day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT
REGULAR SESSIO N OF THE GENERAL
ASSEMBLY: This date is the first
legislative day of the next regular session
of the General Assembly following
approval of the rule by the Rules Review
Commission. See G. S. 150B- 21.3,
Effective date of rules.
IN ADDITION
16: 02 NORTH CAROLINA REGISTER July 16, 2001
53
This Section contains public notices that are required to be published in the Register or have been approved by the Codifier of Rules
for publication.
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699- 1617
PUBLIC NOTICE OF INTENT TO ISSUE STATE GENERAL
NPDES PERMITS
Public notice of intent to issue or reissue expiring State National Pollutant Discharge Elimination System ( NPDES) General Permit for
Point Source Discharges of Wastewater associated with the following activities:
NPDES General Permit No. NCG510000 for treated wastewater from the remediation of groundwater contamination resulting from
gasoline, kerosene, diesel, fuel oil or jet fuel.
On the basis of preliminary staff review and application of Article 21 of Chapter 143 of the General Statutes of North Carolina, Public
Law 92- 500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to
reissue State NPDES General Permit for the discharges as described above.
INFORMATION: Copies of the draft NPDES General Permit and Fact Sheet concerning the draft Permit are available by writing or
calling:
Delonda Alexander
Water Quality Section
N. C. Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699- 1617
Telephone ( 919) 733- 5083 ext. 584
Persons wishing to comment upon or object to the proposed determinations are invited to submit their comments in writing to the
above address no later than August 15, 2001. All comments received prior to that date will be considered in the final determination
regarding permit issuance. A public meeting may be held where the Director of the Division of Water Quality finds a significant
degree of public interest in any proposed permit issuance. The draft Permits, Fact Sheets and other information are on file at the
Division of Water Quality, 512 N. Salisbury Street, Room 925, Archdale Building, Raleigh, North Carolina. They may be inspected
during normal office hours. Copies of the information of file are available upon request and payment of the costs of reproduction. All
such comments and requests regarding these matters should make reference to the draft Permit Number, NCG510000
Date: June 20, 2001 _______________________________________
( signed) Bradley Bennett
( for) Kerr T. Stevens, Director
IN ADDITION
16: 02 NORTH CAROLINA REGISTER July 16, 2001
54
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699- 1617
PUBLIC NOTICE OF INTENT TO ISSUE STATE GENERAL
NPDES PERMITS
Public notice of intent to issue or reissue expiring State National Pollutant Discharge Elimination System ( NPDES) General Permit for Point
Source Discharges of Stormwater associated with the following activities:
NPDES General Permit No. NCG010000 for stormwater point source discharges associated with construction activities including clearing,
grading and excavation activities resulting in the disturbance of land.
On the basis of preliminary staff review and application of Article 21 of Chapter 143 of the General Statutes of North Carolina, Public Law 92-
500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to reissue State NPDES
General Permit for the discharges as described above.
INFORMATION: Copies of the draft NPDES General Permit and Fact Sheet concerning the draft Permit are available by writing or calling:
William C. M ills, PE
Water Quality Section
N. C. Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699- 1617
Telephone ( 919) 733- 5083 ext. 548
Persons wishing to comment upon or object to the proposed determinations are invited to submit their comments in writing to the above address
no later than August 16, 2001. All comments received prior to that date will be considered in the final determination regarding permit issuance.
A public meeting may be held where the Director of the Division of Water Quality finds a significant degree of public interest in any proposed
permit issuance. The draft Permits, Fact Sheets and other information are on file at the Division of Water Quality, 512 N. Salisbury Street,
Room 925, Archdale Building, Raleigh, North Carolina. They may be inspected during normal office hours. Copies of the information of file
are available upon request and payment of the costs of reproduction. All such comments and requests regarding these matters should make
reference to the draft Permit Number, NCG010000
Date: July 16, 2001 _______________________________________
( signed) Bradley Bennett
` ( for) Kerr T. Stevens, Director
Division of Water Quality
IN ADDITION
16: 02 NORTH CAROLINA REGISTER July 16, 2001
55
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
FHO Partners, LLC
Pursuant to N. C. G. S. § 130A- 310.34, FHO Partners, LLC has filed with the North Carolina Department of Environment and
Natural Resources (" DENR") a Notice of Intent to Redevelop a Brownfields Property (" Property") in Oxford, Granville County, North
Carolina. The Property consists of 4.9152 acres and is located at 8 Industry Drive. Environmental contamination exists on the
Property in soil and groundwater. FHO Partners, LLC has committed itself to redevelop the Property as a manufacturing/ distribution
facility. The Notice of Intent to Redevelop a Brownfields Property includes: ( 1) a proposed Brownfields Agreement between DENR
and FHO Partners, LLC, which in turn includes ( a) a legal description of the Property, ( b) a map showing the location of the Property,
( c) a description of the contaminants involved and their concentrations in the media of the Property, ( d) the above- stated description of
the intended future use of the Property, and ( e) proposed investigation and remediation; and ( 2) a proposed Notice of Brownfields
Property prepared in accordance with G. S. 130A- 310.35. The full Notice of Intent to Redevelop a Brownfields Property may be
reviewed at the offices of the City of Oxford at 300 Williamsboro Street in that city by contacting Cheryl Hart, ( 919) 603- 1110, P. O.
Box 1307, Oxford, NC 27565; or at 401 Oberlin Rd., Raleigh, NC 27605 by contacting Scott Ross at that address, at
scott. ross@ ncmail. net, or at ( 919) 733- 2801, ext. 328. Written public comments may be submitted to DENR within 60 days of the
date of this Notice. Written requests for a public hearing may be submitted to DENR within 30 days of the date of this Notice. All
such comments and requests, and/ or requests to view the full Notice of Intent, should be addressed as follows:
Mr. Bruce Nicholson
Head, Special Remediation Branch
Superfund Section
Division of Waste Management
NC Department of Environmental and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
RULE- MAKING PROCEEDINGS
16: 02 NORTH CAROLINA REGISTER July 16, 2001
56
A Notice of Rule- making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency must
publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a rule.
Publication of a temporary rule serves as a Notice of Rule- making Proceedings and can be found in the Register under the
section heading of Temporary Rules. A Rule- making Agenda published by an agency serves as Rule- making Proceedings and can
be found in the Register under the section heading of Rule- making Agendas. Statutory reference: G. S. 150B- 21.2.
TITLE 10 – DEPARTMENT OF HEALTH AND HUMAN
SERVICES
CHAPTER 19 – SERVICES FOR THE BLIND
Notice of Rule- making Proceedings is hereby given by
Commission for the Blind in accordance with G. S. 150B- 21.2.
The agency shall subsequently publish in the Register the text of
the rule( s) it proposes to adopt as a result of this notice of rule-making
proceedings and any comments received on this notice.
Citation to Existing Rule Affected by this Rule- making: 10
NCAC 19. Other rules may be proposed in the course of the
rule- making process.
Authority for the Rule- making: G. S. 111- 28
Statement of the Subject Matter: To adopt, amend, or repeal
rules to conform to changes in the federal regulations, update
references and terminology, and update rules to current
practices.
Reason for Proposed Action: To adopt, amend, or repeal rules
to conform to changes in 34 C. F. R. 361.53, 54, 57, 48, 5, 42, 52.
To review rules that are affected by budget shortfalls. To review
rules for compliance with federal regulations, statutory
requirements, and current practices.
Comment Procedures: Written comments should be mailed to:
E. Ann Christian, P. O. Box 2455, Raleigh, NC 27602.
TITLE 12 – DEPARTMENT OF JUSTICE
CHAPTER 09 - CRIMINAL JUSTICE EDUCATION AND
TRAINING STANDARDS
Notice of Rule- making Proceedings is hereby given by NC
Criminal Justice Education & Training Standards Commission
in accordance with G. S. 150B- 21.2. The agency shall
subsequently publish in the Register the text of the rules it
proposes to adopt as a result of this notice of rule- making
proceedings and any comments received on this notice.
Citation to Existing Rule Affected by this Rule- making: 12
NCAC 09B .0102, .0203, .0205, .0215, .0233, 09D .0102, .0104,
.0105, .0204 - .0205. Other rules may be proposed in the course
of the rule- making process.
Authority for the Rule- making: G. S. 17C- 6; 17C- 10
Statement of the Subject Matter: Amendment that
Background Investigation Form must be used. Amendment of
requirement for admission to Instructor Training Course.
Amendment to rename a topic in BLET. Amendment to delete
reference to certain testing in Supplemental SMI Training.
Amendment increasing hours for Specialized Physical Fitness
Instructor required training. Amendments to the Professional
Certificate Program such that all Advanced Law Enforcement
Certificates will be the same. Amendment to clarify that
educational credits for the Professional Certificate Program
must be issued by specifically recognized institutions of higher
education.
Reason for Proposed Action: The NC Criminal Justice
Education & Training Standards Commission has authorized
rule- making authority to amend numerous administrative rules
in order to better define the minimum employment and training
standards that regulate the criminal justice officer profession in
the State, and to simplify and clarify requirements of the
Professional Certificate Program.
Comment Procedures: Written comments should be directed to
Elizabeth L. Thompson, Criminal Justice Standards Division,
Room G- 27, Old Education Building, 114 West Edenton Street,
P. O. Drawer 149, Raleigh, North Carolina 27602.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
CHAPTER 10 – WILDLIFE RESOURCES AND WATER
SAFETY
Notice of Rule- making Proceedings is hereby given by the
North Carolina Wildlife Resources Commission in accordance
with G. S. 150B- 21.2. The agency shall subsequently publish in
the Register the text of the rule( s) it proposes to adopt as a result
of this notice of rule- making proceedings and any comments
received on this notice.
Citation to Existing Rule Affected by this Rule- making: 15A
NCAC 10F; 10I; 10K - Other rules may be proposed in the
course of the rule- making process.
Authority for the Rule- making: G. S. 75A- 3; 75A- 15; 113-
134; 113- 270.1A; 113- 291.2; 113- 292; 113- 333
Statement of the Subject Matter:
15A NCAC 10F – No Wake Zone
15A NCAC 10I – Special Concern Species List
15A NCAC 10K – Hunter Safety Course
RULE- MAKING PROCEEDINGS
16: 02 NORTH CAROLINA REGISTER July 16, 2001
57
Reason for Proposed Action:
15A NCAC 10F – Local government is petitioning agency to
start rulemaking
15A NCAC 10I – To set/ amend regulations necessary to manage
and conserve wildlife resources in the State of North Carolina
15A NCAC 10K – To set/ amend regulations affecting the Hunter
Safety Program as necessary to fulfill requirements of G. S. 113-
270.1A, which requires the Wildlife Resources Commission to
institute and coordinate a statewide course of instruction in
hunter ethics, wildlife laws and regulations and competency and
safety in the handling of firearms.
Comment Procedures: The record will be open for receipt of
written comments and must be delivered or mailed to the North
Carolina Wildlife Resources Commission, 1701 Mail Service
Center, Raleigh, NC 27699- 1701.
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
58
This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a Notice of
Rule- making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the publication date,
or until the public hearing, or a later date if specified in the notice by the agency. The required comment period is 60 days for a
rule that has a substantial economic impact of at least five million dollars ($ 5,000,000). Statutory reference: G. S. 150B- 21.2.
TITLE 10 – DEPARTMENT OF HEALTH AND HUMAN
SERVICES
Notice is hereby given in accordance with G. S. 150B- 21.2 that
the DHHS – Division of Medical Assistance intends to amend
the rule cited as 10 NCAC 50B .0101; .0311; .0403; and
.0408. Notice of Rule- making Proceedings was published in
the Register on October 2, 2000.
Proposed Effective Date: August 1, 2002
Public Hearing:
Date: July 31, 2001
Time: 1: 00 pm
Location: 1985 Umstead Drive, Room 132, Kirby Bldg.,
Raleigh, NC
Reason for Proposed Action:
10 NCAC 50B .0101 and .0408 - Federal welfare reform
legislation changed the definition of mandatory coverage
groups for Family and children's related cases. AFDC/ Work
First recipients are no longer required to be automatically
eligible for Medicaid. Coverage is mandatory for individuals
who would have been eligible under rules in place July 16,
1996.
10 NCAC .0311 and .0403 – Methodologies for determining
countable resources for both categorically and medically
needy family and children's related cases are changed. The
new methodologies conform to Work First to maintain the link
between Work First and Medicaid.
Comment Procedures: Written comments concerning this
rule- making action must be submitted by August 16, 2001 to
Portia W. Rochelle, Rule- making coordinator, Division of
Medical Assistance, 1985 Umstead Drive, 2504 Mail Service,
Raleigh, NC 27699- 2504.
Fiscal Impact
State
Local
Substantive (>$ 5,000,000)
None
CHAPTER 50 – MEDICAL ASSISTANCE
SUBCHAPTER 50B – ELIGIBILITY DETERMINATION
SECTION .0100 – COVERAGE GROUPS
10 NCAC 50B .0101 MANDATORY
The following groups required by 42 U. S. C. 1396a ( a)( 10) or
1396u- 1shall be eligible for Medicaid:
( 1) Recipients receiving AFDC. Individuals who
meet the requirements under 42 U. S. C.
1396u- 1;
( 2) Deemed recipients of AFDC including: The
following individuals who meet the
requirements in Item ( 1) of this Rule but
who do not receive a cash payment:
( a) Individuals denied AFDC solely
because the payment amount would
be less than ten dollars ($ 10.00).
( b) Participants in AFDC work
supplementation programs
approved in the AFDC State Plan,
( b)( c) Individuals deemed to be AFDC
recipients for receiving four months
following termination of AFDC
due continued Medicaid when
eligibility under 42 U. S. C. 1396u- 1
is lost due to collection or increased
collection of child support,
( c)( d) Individuals receiving transitional
Medicaid as described in 42 U. S. C.
1396s when AFDC eligibility under
42 U. S. C. 1396u- 1is lost due to
increased earnings,
( d)( e) Individuals for whom an adoption
assistance agreement is in effect or
foster care maintenance payments
are being made under Title IV E of
the Social Security Act as
described at 42 U. S. C. 673 ( b).
( 3) Qualified pregnant women as defined at 42
U. S. C. 1396d( n)( 1).
( 4) Qualified children as defined at 42 U. S. C.
1396d( n)( 2).
( 5) Pregnant women, during a 60 day period
following termination of the pregnancy, for
pregnancy related and post partum services
if they applied for Medicaid prior to
termination of the pregnancy and were
eligible on the date pregnancy is terminated.
( 6) Children, born to a woman who was eligible
for and receiving Medicaid on the date of
the child's birth, for up to one year from the
date of birth; as described at 42 U. S. C.
1396a( e)( 4).
( 7) Individuals receiving SSI under Title XVI of
the Social Security Act.
( 8) Individuals who meet the requirements
under 42 U. S. C. 1382h( a) or ( b)( 1).
( 9) Blind or disabled individuals who were
eligible in December 1973 as blind or
disabled and who for each consecutive
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
59
month since December 1973 continue to
meet December 1973 eligibility criteria.
( 10) Individuals who were eligible in December
1973 as aged, or blind, or disabled with an
essential spouse and who, for each
consecutive month since December 1973,
continue to live with the essential spouse
and meet December 1973 eligibility criteria.
( 11) Individuals who in December 1973 were
eligible as the essential spouse of an aged, or
blind, or disabled individual and who for
each consecutive month since December
1973, have continued to live with that
individual who has met December 1973
eligibility criteria.
( 12) Qualified Medicare Beneficiaries described
at 42 U. S. C. 1396d( p).
( 13) Pregnant women whose countable income
does not exceed the percent of the income
official poverty line, established at 42
U. S. C. 1396a( 1)( 2), for pregnancy related
services including labor and delivery.
( 14) Children born after September 30, 1983 and
who are under age 19 who are described at
42 U. S. C. 1396a( 1).
( 15) Qualified Disabled and Working Individuals
described at 42 U. S. C. 1396d( s).
( 16) Individuals as described at 42 U. S. C.
1396a( a)( 10)( E)( iii).
( 17) Individuals who would continue to be
eligible for SSI except for specific Title II
benefits or cost- of- living adjustments as
described at 42 U. S. C. 1383c.
Authority G. S. 108A- 54; 42 U. S. C. 1396a( a)( 10);
42 U. S. C. 1396a( e)( 4); 42 U. S. C. 1396a( f);
42 C. F. R. 435.110; 42 C. F. R. 435.112; 42 C. F. R. 435.113;
42 C. F. R. 435.114; 42 C. F. R. 435.115; 42 C. F. R. 435.116;
42 C. F. R. 435.117; 42 C. F. R. 435.118; 42 C. F. R. 435.121;
42 C. F. R. 435.131; 42 C. F. R. 435.132; 42 C. F. R. 435.133.
10 NCAC 50B .0311 RESERVE
North Carolina has contracted with the Social Security
Administration under Section 1634 of the Social Security Act
to provide Medicaid to all SSI recipients. Resource eligibility
for individuals under any Aged, Blind, and Disabled coverage
group is determined based on standards and methodologies in
Title XVI of the Social Security Act except as specified in
Items ( 4) and ( 5) of this Rule. Applicants for and recipients of
Medicaid shall use their own resources to meet their needs for
living costs and medical care to the extent that such resources
can be made available. Certain resources shall be protected to
meet specific needs such as burial and transportation and a
limited amount of resources shall be protected for
emergencies.
( 1) The value of resources currently available to
any budget unit member shall be considered
in determining financial eligibility. A
resource shall be considered available when
it is actually available and when the budget
unit member has a legal interest in the
resource and he, or someone acting in his
behalf, can take any necessary action to
make it available.
( a) Resources shall be excluded in
determining financial eligibility
when the budget unit member
having a legal interest in the
resources is incompetent unless:
( i) A guardian of the estate, a
general guardian or an
interim guardian has been
lawfully appointed and is
able to act on behalf of his
ward in North Carolina
and in any state in which
such resources are located;
or
( ii) A durable power of
attorney, valid in North
Carolina and in any state
in which such resource is
located, has been granted
to a person who is
authorized and able to
exercise such power.
( b) When there is a guardian, an
interim guardian, or a person
holding a valid, durable power of
attorney for a budget unit member,
but such person is unable, fails, or
refuses to act promptly to make the
resources actually available to meet
the needs of the budget unit
member, a refe rral shall be made to
the county department of social
services for a determination of
whether the guardian or attorney in
fact is acting in the best interests of
the member and if not, the county
department of social services shall
contact the clerk of court for
intervention. The resources shall
be excluded in determining
financial eligibility pending action
by the clerk of court.
( c) When a Medicaid application is
filed on behalf of an individual
who:
( i) is alleged to be mentally
incompetent,
( ii) has or may have a legal
interest in a resource that
affects the individual's
eligibility, and
( iii) does not have a
representative with legal
authority to use or dispose
of the individual's
resources, the individual's
representative or family
member shall be
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
60
instructed to file within 30
calendar days a judicial
proceeding under G. S.
35A to declare the
individual incompetent
and appoint a guardian.
If the representative or
family member either fails
to file such a proceeding
within 30 calendar days or
fails to timely conclude
the proceeding, a referral
shall be made to the
services unit of the county
department of social
services for guardianship
services. If the allegation
of incompetence which
has lasted, or is expected
to last 30 consecutive days
or more, or until the
individual’s death, is
supported by competent
evidence, as specified in
Sub- item ( 1)( f) of this
Rule, the resources shall
be excluded beginning
with the date that such
evidence indicates that he
became incompetent,
except as provided in Sub-items
( 1)( d) or ( 1)( e) of
this Rule.
( d) The budget unit member's
resources shall be counted in
determining his eligibility for
Medicaid beginning the first day of
the month following the month a
guardian of the estate, general
guardian or interim guardian is
appointed, provided that after the
appointment, property which
cannot be disposed of or used
except by order of the court shall
continue to be excluded until
completion of the applicable
procedures for disposition specified
in G. S. 1 or G. S. 35A.
( e) When the court rules that the
budget unit member is competent
or no ruling is made because of the
death or recovery of the member,
his resources shall be counted
except for periods of time for
which it can be established by
competent evidence specified in
Sub- item ( 1)( f) of this Rule, that
the member was in fact
incompetent for at least 30
consecutive days, or until his death.
Any such showing of incompetence
is subject to rebuttal by competent
evidence as specified in Sub- item
( 1)( f) of this Rule.
( f) For purposes of this Rule,
competent evidence is limited to
the written statement or testimony
at a competency hearing of a
physician, psychologist, nurse, or
social worker with knowledge of
the condition of the individual, the
basis of that knowledge, the
beginning date of incompetence,
the reason the individual is
incompetent, and if no longer
incompetent, when the individual
recovered competence.
( 2) The limitation of resources held for reserve
for the budget unit shall be as follows:
( a) for Family and Children's related
categorically and medically needy
cases, three thousand dollars
($ 3,000.00) per budget unit;
( b) For Family and Children's related
medically needy cases, one
thousand five hundred dollars
($ 1500.00) for a budget unit of one
person, two thousand two hundred
fifty dollars ($ 2,250.00) for a
budget unit of two persons and
increases of one hundred dollars
($ 100.00) for each additional
person in the budget unit over two,
not to exceed a total of three
thousand, fifty dollars ($ 3,050.00);
( c)( b) for aged, blind, and disabled cases,
two thousand dollars ($ 2000.00)
for a budget unit of one and three
thousand dollars ($ 3000.00) for a
budget unit of two.
( 3) If the value of countable resources of the
budget unit exceeds the reserve allowance
for the unit, the case shall be ineligible:
( a) For Family and Children's related
cases and aged, blind or disabled
cases protected by grandfathered
provisions, and medically needy
cases not protected by
grandfathered provision, eligibility
shall begin on the day countable
resources are reduced to allowable
limits or excess income is spent
down, whichever occurs later;
( b) For categorically needy aged, blind
or disabled cases not protected by
grandfathered provisions, eligibility
shall begin no earlier than the
month countable resources are
reduced to allowable limits as of
the first moment of the first day of
the month.
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
61
( 4) Resources counted in the determination of
financial eligibility for categorically needy
aged, blind and disabled cases, and
Qualified Medicare Beneficiaries, Specified
Low- Income Medicare Beneficiaries,
Qualifying Individual and Qualified
Disabled Working Individual cases is based
on resource standards and methodologies in
Title XVI of the Social Security Act except
for the following methodologies:
( a) The value of personal effects and
household goods are not counted.
( b) Value of tenancy in common
interest in real property is not
counted.
( c) Value of life estate interest in real
property is not counted.
( d) Value of burial plots are not
counted.
( e) The cash value of life insurance
when the total face value of all cash
value bearing life insurance
policies does not exceed ten
thousand dollars ($ 10,000.00) is
not counted.
( 5) Resources counted in the determination of
financial eligibility for medically needy
aged, blind and disabled cases is based on
resource standards and methodologies in
Title XVI of the Social Security Act except
for the following methodologies:
( a) The value of personal effects and
household goods are not counted.
( b) Personal property is not a countable
resource if it:
( i) is used in a trade or a
business; or
( ii) is used to produce goods
and services for personal
use; or
( iii) produces a net annual
income.
( c) Real property not exempted under
homesite rules is not a countable
resource if it:
( i) is used in a trade or
business; or
( ii) is used to produce goods
and services for personal
use; or
( iii) is non- business income
producing property that
produces net annual
income after operational
expenses of at least six
percent of equity value per
methodologies under Title
XVI of the Social Security
Act. For purposes of this
Sub- item equity of
agricultural land,
horticultural land, and
forestland is the present
use value of the land, as
defined by G. S.
105- 277.1A. et seq., less
the amount of debts, liens
or other encumbrances.
( d) Value of tenancy in common
interest in real property is not
counted.
( e) Value of life estate interest in real
property is not counted.
( f) Individuals with resources in
excess of the resource limit at the
first mo ment of the month may
become eligible at the point that
resources are reduced to the
allowable limit.
( g) Value of burial plots are not
counted.
( h) The cash value of life insurance
when the total face value of all cash
value bearing life insurance polities
does not exceed ten thousand
dollars ($ 10,000.00) is not counted.
( 6) Resources counted in the determination of
financial eligibility for categorically needy
Family and Children's related cases are:
( a) Cash on hand;
( b) The balance of savings accounts,
including savings of a student
saving his earnings for school
expenses;
( c) The balance of checking accounts
less the current monthly income
which had been deposited to meet
the budget unit's monthly needs
when reserve was verified;
( d) The portion of lump sum payments
remaining after the month of
receipt;
( e) Cash value of life insurance
policies owned by the budget unit;
( f) Revocable trust funds;
( g)( f) Stocks, bonds, mutual fund shares,
certificates of deposit and other
liquid assets;
( h) Negotiable and salable promissory
notes and loans;
( i) Revocable pre- paid burial
contracts;
( j)( g) Patient accounts in long term care
facilities;
( k) Individual Retirement Accounts or
other retirement accounts or plans;
( l)( h) Equity in non- essential personal
property limited to:
( i) Mobile homes not used as
home,
( ii) Boats, boat trailers and
boat motors,
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
62
( iii) Campers,
( iv) Farm and business
equipment;
( v) Equity in vehicles in
excess of one thousand
five hundred dollars
($ 1,500.00) in one motor
vehicle per adult;
determined to be essential
under Rule .0403 of this
Subchapter;
( vi) Equity in motor vehicles
determined to be non-essential
under Rule .0403
of this Subchapter;
( m) Equity in real property is limited to
interest in real estate other than that
used as the budget unit’s homesite
and is limited to;
( i) Fee simple interest,
( ii) Tenancy by the entireties
interest only;
( iii) Salable remainder interest,
( iv) Value of burial plots;
( 7) Resources counted in the determination of
financial eligibility for medically needy
Family and Children's related cases are:
( a) Cash on hand;
( b) The balance of savings accounts,
including savings of a student
saving his earnings for school
expenses;
( c) The balance of checking accounts
less the currently current monthly
income which had been deposited
to meet the budget unit's monthly
needs when reserve was verified or
lump sum income from
self- employment deposited to pay
annual expenses;
( d) Cash value of life insurance
policies when the total face value
of all policies that accrue cash
value exceeds one thousand five
hundred dollars ($ 1,500.00);
( e) Trust funds;
( f)( e) Stocks, bonds, mutual fund shares,
certificates of deposit and other
liquid assets;
( g) Negotiable and salable promissory
notes and loans;
( h) Revocable prepaid burial contracts;
( i)( f) Patient accounts in long term care
facilities;
( j) Individual Retirement Accounts or
other retirement accounts or plans;
( k)( g) Equity in non- essential,
non- income producing personal
property limited to:
( i) Mobile home not used as
home,
( ii) Boats, boat trailers and
boat motors,
( iii) Campers,
( iv) Farm and business
equipment,
( v) Equity in motor vehicles
determined to be non
essential under Rule .0403
of this Subchapter; in
excess of one vehicle per
adult if not income-producing.
( l) Equity in real property is limited to
interest in real estate other than that
used as the budget unit’s homesite
and is limited to;
( i) Fee simple interest;
( ii) Tenancy by the entireties
interest only;
( iii) Salable remainder interest;
( iv) Value of burial plots.
Authority G. S. 108A- 54; 108A- 55; 108A- 58; 42 U. S. C.
703, 704 1396; 42 C. F. R. 435.121; 42 C. F. R. 435.210;
42 C. F. R. 435.711; 42 C. F. R. 435.712; 42 C. F. R. 435.734;
42 C. F. R. 435.823; 42 C. F. R. 435.840; 42 C. F. R. 435.841;
42 C. F. R. 435- 845; 42 C. F. R. 445.850; 42 C. F. R. 435.851;
45 C. F. R. 233.20; 45 C. F. R. 233.51.
10 NCAC 50B .0403 RESERVE
( a) The value of resources held by the client or by a
financially responsible person shall be considered available to
the client in determining countable reserve for the budget unit.
( b) Jointly owned resources shall be counted as follows:
( 1) The value of resources owned jointly with a
non- financially responsible person who is a
recipient of another public assistance budget
unit shall be divided equally between the
budget units;
( 2) The value of liquid assets and personal
property owned jointly with a
non- financially responsible person who is
not a client of another public assistance
budget unit shall be available to the budget
unit member if he can dispose of the
resource without the consent and
participation of the other owner or the other
owner consents to and, if necessary,
participates in the disposal of the resource;
( 3) The client's share of the value of real
property owned jointly with a
non- financially responsible person who is
not a member of another public assistance
budget unit shall be available to the budget
unit member if he can dispose of his share of
the resource without the consent and
participation of the other owner or the other
owner consents to and, if necessary,
participates in the disposal of the resource.
( c) The terms of a separation agreement, divorce decree, will,
deed or other legally binding agreement or legally binding
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
63
order shall take precedence over ownership of resources as
stated in ( a) and ( b) of this Rule, except as provided in
Paragraph ( n) of this Rule.
( d) For all aged, blind, and disabled cases, the resource limit,
financial responsibility, and countable and non- countable
assets are based on standards and methodology in Title XVI of
the Social Security Act except as specified in Items ( 4) and ( 5)
in Rule .0311 of this Subchapter.
( e) Countable resources for Family and Children's related
cases shall be determined as follows:
( 1) The resources of a spouse, who is not a
stepparent, shall be counted in the budget
unit's reserve allowance if the spouses live
together or one spouse is temporarily absent
in long term care and the spouse is not a
member of another public assistance budget
unit;
( 2) The resources of a client and a financially
responsible parent or parents shall be
counted in the budget unit's reserve limit if
the parents live together or one parent is
temporarily absent in long term care and the
parent is not a member of another public
assistance budget unit;
( 3) The resources of the parent or parents shall
not be considered if a child under age 21
requires care and treatment in a medical
institution and his physician certifies that the
care and treatment are expected to exceed 12
months.
( f) The homesite Real property shall be excluded from
countable resources for Family and Children's related cases . as
follows:
( 1) The homesite is the client's principal place
of residence, which includes the house and
in the city the lot on which the house sits
and all the buildings on the lot, or in a rural
area the land on which the house sits, up to
one acre, and all buildings on the acre, and,
the homesite also includes up to twelve
thousand dollars ($ 12,000.00) tax value in
real property contiguous to the principal
place of residence, regardless of whether the
principal place of residence is owned by the
client.
( 2) Additional value in real property contiguous
to the principal place of residence shall be a
countable resource.
( g) For medically needy Families and Children cases if the
client or any member of the budget unit has ownership in a
probated estate, the value of the individual's proportionate
share of the countable property shall be a countable resource
unless the property can be excluded as the homesite or as
income producing property, as stated in Paragraphs ( e) and ( f)
of this Rule.
( h) For family and children's related cases the equity in
non- excluded real property shall be counted toward the
reserve level of the budget unit.
( i)( g) A One motor vehicle per adult shall be determined an
essential vehicle excluded for medically needy Family and
Children's related cases, when it must be specially equipped for
use by a handicapped individual, used to obtain regular
medical treatment, or used to retain employment.
( h) For medically needy family and children’s related
cases, income producing vehicles and personal property shall
be excluded from countable resources.
( j)( i) For family and children's related cases the value of
non- excluded motor vehicles is the Current Market Value, less
encumbrances. If the applicant/ recipient disagrees with the
assigned value, he has the right to rebut the value.
( k) For family and children's related cases the current market
value of a remainder interest in life estate shall be determined
by applying the remainder interest percentage from G. S. 8- 46
and 8- 47 to the tax value of the property. A lower current
market value for remainder interest may be established by
offering the interest for sale and the highest offer received, if
any, is less than the value determined by application of the
values chart to the tax value.
( l)( j) For a married individual:
( 1) Resources available to the individual are
available to his or her spouse who is a
noninstitutionalized applicant or recipient
and who is either living with the individual
or temporarily absent from the home,
irrespective of the terms of any will, deed,
contract, antenuptial agreement, or other
agreement, and irrespective of whether or
not the individual actually contributed the
resources to the applicant or recipient. All
resources available to an applicant or
recipient under this Section must be
considered when determining his or her
countable reserve.
( 2) For an institutionalized spouse as defined in
42 U. S. C. 1396r- 5( h), available resources
shall be determined in accordance with 42
U. S. C. 1396r- 5( c), except as specified in
Paragraph ( m) of this Rule.
( m)( k) For an institutionalized individual, the availability of
resources are determined in accordance with 42 U. S. C.
1396r- 5. Resources of the community spouse are not counted
for the institutionalized spouse when:
( 1) Resources of the community spouse cannot
be determined or cannot be made available
to the institutionalized spouse because the
community spouse cannot be located; or
( 2) The couple has been continuously separated
for 12 months at the time the
institutionalized spouse enters the
institution.
Authority G. S. 108A- 54; 108A- 55; S. L. 1983, c. 1116;
42 U. S. C. 1396r- 5; 42 U. S. C. 1396a( a)( 17);
42 U. S. C. 1396a( a)( 51); 42 C. F. R. 435.602;
42 C. F. R. 435.711; 42 C. F. R. 435.712; 42 C. F. R. 435.723;
42 C. F. R. 435.734; 42 C. F. R. 435.821; 42 C. F. R. 435.822;
42 C. F. R. 435.823; 42 C. F. R. 435.845; 45 C. F. R. 233.20;
45 C. F. R. 233.51;
Deficit Reduction Act of 1984 ( P. L. 98- 369), Section 2373;
Correll v. DSS/ DMA/ DHR, No. 406PA91 ( North Carolina
Supreme Court); Schweiker v. Gray Panthers, 453
U. S. 34, 101 S. Ct. 2633, 69 L. Ed. 2d 460 ( 1981).
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
64
10 NCAC 50B .0408 CLASSIFICATION
( a) The following individuals shall be classified as
categorically needy:
( 1) Individuals who receive cash payments
under programs of public
assistance; described in Item ( 1) of Rule
.0101 of this Subchapter.
( 2) Deemed recipients of SSI described in Item
( 17) of Rule .0101 of this Subchapter; and
individuals who are eligible for public
assistance cash payments but who choose
not to apply for cash payments;
( 3) Individuals Deemed recipients of AFDC
described in Sub- item ( 2)( b) of Rule .0101
of this Subchapter;
( 4) Pregnant women described in:
( A) Item ( 3) or ( 13) of Rule .0101 of
this Subchapter; or
( B) Sub- item ( 1)( d) of Rule .0102 of
this Subchapter.
( 5) Individuals under 21 described in:
( A) Item ( 4) or ( 14) of Rule .0101 of
this Subchapter;
( B) Sub- item ( 1)( a) of Rule .0102 of
this Subchapter; or
( C) Sub- item ( 1)( d) of Rule .0102 of
this Subchapter who meet the
eligibility requirements for
categorically needy in this
Subchapter.
( 6) Qualified Medicare Beneficiaries described
in Item ( 1) of Rule .0101 of this Subchapter;
( 7) Individuals described in Item ( 9), ( 10) or
( 11) of Rule .0101 of this Subchapter who
were receiving cash assistance payments in
December 1973;
( 8) Individuals described in Item ( 5) of Rule
.0101 of this Subchapter who were classified
categorically needy when pregnancy
terminated;
( 9) Individuals described in Item ( 6) of Rule
.0101 of this Subchapter whose mother is
classified as categorically needy;
( 10) Individuals described in Sub- item ( 1)( c) of
Rule .0102 of this Subchapter; or
( 11) Individuals described in Sub- item ( 1)( d) of
Rule .0102 of this Subchapter.
( b) The following individuals who are not eligible as
categorically needy and meet the requirements for medically
needy set forth in this Subchapter shall be classified medically
needy:
( 1) Pregnant women described in:
( A) Item ( 5) of Rule .0101 of this
Subchapter who were classified
medically needy when their
pregnancy terminated; or
( B) Sub- item ( 4)( b) of Rule .0102 of
this Subchapter;
( 2) Individuals under age 21;
( 3) Caretaker relatives of eligible dependent
children; or
( 4) Aged, blind or disabled individuals not
eligible for a public assistance cash
payment.
Authority G. S. 108A- 54; 42 C. F. R. 435.2; 42 C. F. R. 435.4.
TITLE 12 – DEPARTMENT OF JUSTICE
Notice is hereby given in accordance with G. S. 150B- 21.2 that
the NC Criminal Justice Education & Training Standards
Commission intends to adopt the rules cited as 12 NCAC 09G
.0101-. 0103; .0201-. 0206; .0301-. 0316; .0401-. 0416; .0501-
.0506; .0601-. 0606; .0701, amend the rules cited as 12 NCAC
09A .0103; 09B .0304; 09C .0205; .0207-. 0208, and repeal
the rules cited as 12 NCAC 09B .0107; .0109-. 0110; .0112-
.0113; .0115; .0206; .0208; .0216; .0223 and .0229-. 0231.
Notice of Rule- making Proceedings was published in the
Register on December 15, 2000.
Proposed Effective Date: August 1, 2002
Public Hearing:
Date: August 16, 2001
Time: 10: 00 a. m.
Location: North Carolina Justice Academy, Edneyville, NC
Reason for Proposed Action: Legislative mandate – S. L.
1999- 237, s. 18.14
Comment Procedures: Written comments should be directed
to Elizabeth L. Thompson, Criminal Justice Standards
Division, Room G- 27, Old Education Bldg, 114 W. Edenton
St., PO Drawer 149, Raleigh, NC 27602- 0149. Comments
will be accepted through August 16, 2001.
Fiscal Impact
State
Local
Substantive (>$ 5,000,000)
None
CHAPTER 09 – CRIMINAL JUSTICE EDUCATION
AND TRAINING STANDARDS
SUBCHAPTER 09A – CRIMINAL JUSTICE
EDUCATION AND TRAINING STANDARDS
COMMISSION
SECTION .0100 – COMMISSION ORGANIZATION
AND PROCEDURES
12 NCAC 09A .0103 DEFINITIONS
The following definitions apply throughout this
ChapterSubchapters 12 NCAC 09A through 12 NCAC 09F,
except as modified in 12 NCAC 09A .0107 for the purpose of
the Commission's rule- making and administrative hearing
procedures:
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
65
( 1) " Agency" or " Criminal Justice Agency"
means those state and local agencies
identified in G. S. 17C- 2( b).
( 2) " Alcohol Law Enforcement Agent" means a
law enforcement officer appointed by the
Secretary of Crime Control and Public
Safety as authorized by G. S. 18B- 500.
( 3) " Commission" means the North Carolina
Criminal Justice Education and Training
Standards Commission.
( 4) " Commission of an offense" means a finding
by the North Carolina Criminal Justice
Education and Training Standards
Commission or an administrative body that a
person performed the acts necessary to
satisfy the elements of a specified criminal
offense.
( 5) " Convicted" or " Conviction" means and
includes, for purposes of this Chapter, the
entry of:
( a) a plea of guilty;
( b) a verdict or finding of
guilt by a jury, judge,
magistrate, or other duly
constituted, established,
and recognized
adjudicating body,
tribunal, or official, either
civilian or military; or
( c) a plea of no contest, nolo
contendere, or the
equivalent.
( 6) " Correctional Officer" means any employee
of the North Carolina Department of
Correction who is responsible for the
custody or treatment of inmates.
( 7)( 6) " Criminal Justice Officer( s)" means those
officers identified in G. S. 17C- 2( c) and
further includesexcluding Correctional
officers, probation and parole intake
officers; Probation/ parole officers, and
Probation/ parole officers- surveillance
probation/ parole officers- surveillance;
probation/ parole intensive officers; and,
state parole case analysts.
( 8)( 7) " Criminal Justice System" means the whole
of the State and local criminal justice
agencies described in Item ( 1) of this Rule.
( 9) " Criminal Justice Training Points" means
points earned toward the Criminal Justice
Officers' Professional Certificate Program
by successful completion of
commission- approved criminal justice
training courses. Twenty classroom hours
of commission- approved criminal justice
training equals one criminal justice training
point.
( 10)( 8) " Department Head" means the chief
administrator of any criminal justice agency
and specifically includes any chief of police
or agency director. " Department Head" also
includes a designee formally appointed in
writing by the Department head.
( 11)( 9) " Director" means the Director of the
Criminal Justice Standards Division of the
North Carolina Department of Justice.
( 12)( 10) " Educational Points" means points earned
toward the Professional Certificate Programs
for studies satisfactorily completed for
semester hour or quarter hour credit at an
accredited institution of higher education.
Each semester hour of college credit equals
one educational point and each quarter hour
of college credit equals two- thirds of an
educational point.
( 13)( 11) " Enrolled" means that an individual is
currently actively participating in an
on- going formal presentation of a
Commission- accredited basic training
course which has not been concluded on the
day probationary certification expires. The
term " currently actively participating" as
used in this definition means:
( a) for law enforcement
officers, that the officer is
then attending an
approved course
presentation averaging a
minimum of twelve hours
of instruction each week;
and
( b) for Youth
ServicesDepartment of
Juvenile Justice and
Delinquency Prevention
and Department of
Correction personnel, that
the officer is then
attending the last or final
phase of the approved
training course necessary
for fully satisfying the
total course completion
requirements.
( 14)( 12) " High School" means graduation from a
high school that meets the compulsory
attendance requirements in the jurisdiction
in which the school is located.
( 15)( 13) " In- Service Training" means any and all
training prescribed in Subchapter 09E Rule
.0102 which must be satisfactorily
completed by all certified law enforcement
officers during each full calendar year of
certification.
( 16)( 14) " Lateral Transfer" means the employment of
a criminal justice officer, at any rank, by a
criminal justice agency, based upon the
officer's special qualifications or experience,
without following the usual selection
process established by the agency for basic
officer positions.
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
66
( 17)( 15) " Law Enforcement Code of Ethics" means
that code adopted by the Commission on
September 19, 1973, which reads: As a law
enforcement officer, my fundamental duty is
to serve the community; to safeguard lives
and property; to protect the innocent against
deception, the weak against oppression or
intimidation, and the peaceful against
violence or disorder; and to respect the
constitutional rights of all to liberty,
equality, and justice. I will keep my private
life unsullied as an example to all, and will
behave in a manner that does not bring
discredit to me or to my agency. I will
maintain courageous calm in the face of
danger, scorn, or ridicule; develop
self- restraint; and be constantly mindful of
the welfare of others. Honest in thought and
deed both in my personal and official life, I
will be exemplary in obeying the law and
the regulations of my department. Whatever
I see or hear of a confidential nature or that
is confided to me in my official capacity will
be kept ever secret unless revelation is
necessary in the performance of my duty. I
will never act officiously or permit personal
feelings, prejudices, political beliefs,
aspirations, animosities or friendships to
influence my decisions. With no
compromise for crime and with relentless
prosecution of criminals, I will enforce the
law courteously and appropriately without
fear or favor, malice or ill will, never
employing unnecessary force or violence
and never accepting gratuities. I recognize
the badge of my office as a symbol of public
faith, and I accept it as a public trust to be
held so long as I am true to the ethics of the
police service. I will never engage in acts or
corruption or bribery, nor will I condone
such acts by other police officers. I will
cooperate with all legally authorized
agencies and their representatives in the
pursuit of justice. I know that I alone am
responsible for my own standard of
professional performance and will take
every reasonable opportunity to enhance and
improve my level of knowledge and
competence. I will constantly strive to
achieve these objectives and ideals,
dedicating myself before God to my chosen
profession… law enforcement.
( 18)( 16) " Law Enforcement Officer" means an
appointee of a criminal justice agency or of
the State or of any political subdivision of
the State who, by virtue of his office, is
empowered to make arrests for violations of
the laws of this State. Specifically excluded
from this title are sheriffs and their sworn
appointees with arrest authority who are
governed by the provisions of Chapter 17E
of the General Statutes.
( 19)( 17) " Law Enforcement Training Points" means
points earned toward the Law Enforcement
Officers' Professional Certificate Program
by successful completion of
Commission- approved law enforcement
training courses. Twenty classroom hours
of Commission- approved law enforcement
training equals one law enforcement training
point.
( 20)( 18) " LIDAR" means a speed- measuring
instrument that electronically computes,
from transmitted infrared light pulses, the
speed of a vehicle under observation.
( 21)( 19) " Local Confinement Personnel" means any
officer, supervisor or administrator of a local
confinement facility in North Carolina as
defined in G. S. 153A- 217; any officer,
supervisor or administrator of a county
confinement facility in North Carolina as
defined in G. S. 153A- 218; or, any officer,
supervisor or administrator of a district
confinement facility in North Carolina as
defined in G. S. 153A- 219.
( 22)( 20) " Misdemeanor" means those criminal
offenses not classified under the laws,
statutes, or ordinances as felonies.
Misdemeanor offenses are classified by the
Commission as follows:
( a) " Class A Misdemeanor"
means a misdemeanor
committed or omitted in
violation of any common
law, duly enacted
ordinance or criminal
statute of this state which
is not classified as a Class
B Misdemeanor pursuant
to Sub- item ( 22)( b)
( 20)( b) of this Rule. Class
A Misdemeanor also
includes any act
committed or omitted in
violation of any common
law, duly enacted
ordinance, criminal
statute, or criminal traffic
code of any jurisdiction
other than North Carolina,
either civil or military, for
which the maximum
punishment allowable for
the designated offense
under the laws, statutes, or
ordinances of the
jurisdiction in which the
offense occurred includes
imprisonment for a term
of not more than six
months. Specifically
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
67
excluded from this
grouping of " Class A
Misdemeanor" criminal
offenses for jurisdictions
other than North Carolina,
are motor vehicle or traffic
offenses designated as
misdemeanors under the
laws of other jurisdictions,
or duly enacted ordinances
of an authorized
governmental entity with
the exception of the
offense of impaired
driving which is exp ressly
included herein as a Class
A Misdemeanor if the
offender could have been
sentenced for a term of not
more than six months.
Also specifically included
herein as a Class A
Misdemeanor is the
offense of impaired
driving, if the offender
was sentenced under
punishment level three
[ G. S. 20- 179( I)], level
four [ G. S. 20- 179( j)], or
level five [ G. S.
20- 179( k)]. Class A
Misdemeanor shall also
include acts committed or
omitted in North Carolina
prior to October 1, 1994 in
violation of any common
law, duly enacted
ordinance or criminal
statute, of this state for
which the maximum
punishment allowable for
the designated offense
included imprisonment for
a term of not more than
six months.
( b) " Class B Misdemeanor"
means an act committed or
omitted in violation of any
common law, criminal
statute, or criminal traffic
code of this state which is
classified as a Class B
Misdemeanor as set forth
in the Class B
Misdemeanor Manual as
published by the North
Carolina Department of
Justice which is hereby
incorporated by reference
and shall automatically
include any later
amendments and editions
of the incorporated
material as provided by
G. S. 150B- 21.6. Copies
of the publication may be
obtained from the North
Carolina Department of
Justice, Post Office Box
629, Raleigh, North
Carolina 27602. There is
no cost per manual at the
time of adoption of this
Rule. Class B
Misdemeanor also
includes any act
committed or omitted in
violation of any common
law, duly enacted
ordinance, criminal
statute, or criminal traffic
code of any jurisdiction
other than North Carolina,
either civil or military, for
which the maximum
punishment allowable for
the designated offense
under the laws, statutes, or
ordinances of the
jurisdiction in which the
offense occurred includes
imprisonment for a term
of more than six months
but not more than two
years. Specifically
excluded from this
grouping of " Class B
Misdemeanor" criminal
offenses for jurisdictions
other than North Carolina,
are motor vehicle or traffic
offenses designated as
being misdemeanors under
the laws of other
jurisdictions with the
following exceptions:
Class B Misdemeanor
does expressly include,
either first or subsequent
offenses of driving while
impaired if the maximum
allowable punishment is
for a term of more than six
months but not more than
two years, and driving
while license permanently
revoked or permanently
suspended. suspended, and
those traffic offenses
occurring in other
jurisdictions which are
comparable to the traffic
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
68
offenses specifically listed
in the Class B
Misdemeanor Manual.
" Class B Misdemeanor"
shall also include acts
committed or omitted in
North Carolina prior to
October 1, 1994 in
violation of any common
law, duly enacted
ordinance, criminal
statute, or criminal traffic
code of this state for
which the maximum
punishment allowable for
the designated offense
included imprisonment for
a term of more than six
months but not more than
two years.
( 23) " Parole Case Analyst" means an employee
of the North Carolina Department of
Correction who works under the supervision
of the North Carolina Parole Commission,
whose duties include analyzing and
processing cases under consideration for
parole, preparing and presenting parole
recommendations, analyzing and processing
executive clemency matters and
interviewing inmates.
( 24)( 21) " Pilot Courses" means those courses
developed consistent with the curriculum
development policy adopted by the
Commission on May 30, 1986. This policy
shall be administered by the Education and
Training Committee of the Commission
consistent with 12 NCAC 09C .0404.
( 25) " Probation/ Parole Officer" means an
employee of the Division of Adult Probation
and Parole whose duties include supervising,
evaluating, treating, or instructing offenders
placed on probation or parole or assigned to
any other community- based program
operated by the Division of Adult Probation
and Parole.
( 26) " Probation/ Parole Intake Officer" means an
employee of the Division of Adult Probation
and Parole, other than a regular
Probation/ Parole officer, whose duties
include conducting, preparing, or delivering
investigations, reports, and
recommendations, either before or after
sentencing, upon the request or referral of
the court, the Parole Commission, or the
Director of the Division of Adult Probation
and Parole.
( 27) " Probation/ Parole Intensive Officer" means
an employee of the Division of Adult
Probation and Parole other than a regular
probation/ parole officer, probation/ parole
intake officer, and probation/ parole
officer- surveillance who is duly sworn,
empowered with the authority of arrest and
is an authorized representative of the courts
of North Carolina and the Department of
Correction, Division of Adult Probation and
Parole, whose duties include supervising,
investigating, reporting, counseling, treating,
and surveillance of serious offenders in an
intensive probation and parole program
operated by the Division of Adult Probation
and Parole who serves as the lead officer in
such a unit.
( 28) " Probation/ Parole Officer - Surveillance"
means an employee of the Division of Adult
Probation and Parole other than a regular
probation/ parole and a probation/ parole
intake officer who is duly sworn,
empowered with the authority of arrest and
is an authorized representative of the courts
of North Carolina and the Department of
Correction, Division of Adult Probation and
Parole whose duties include supervising,
investigating, reporting, and surveillance of
serious offenders in an intensive probation
and parole program operated by the Division
of Adult Probation and Parole who is trained
in community corrections and law
enforcement techniques.
( 29)( 22) “ Qualified Assistant” means an additional
staff person designated as such by the
School Director to assist in the
administration of a course when an
accredited institution or agency assigns
additional responsibilities to the certified
School Director during the planning,
development, and implementation of an
accredited course.
( 30)( 23) " Radar" means a speed- measuring
instrument that transmits microwave energy
in the 10,500 to 10,550 MHZ frequency ( X)
band or transmits microwave energy in the
24,050 to 24,250 MHZ frequency ( K) band
and either of which operates in the
stationary and/ or moving mode. " Radar"
further means a speed- measuring instrument
that transmits microwave energy in the
33,400 to 36,000 MHZ ( Ka) band and
operates in either the stationary or moving
mode.
( 31)( 24) " Resident" means any youth committed to a
facility operated by the North Carolina
Division of Youth ServicesDepartment of
Juvenile Justice and Delinquency
Prevention.
( 32)( 25) " School" or " criminal justice school" means
an institution, college, university, academy,
or agency which offers criminal justice, law
enforcement, penal, correctional, or traffic
control and enforcement training for
criminal justice officers or law enforcement
officers. " School" includes the criminal
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
69
justice training course curriculum,
instructors, and facilities.
( 33)( 26) " School Director" means the person
designated by the sponsoring institution or
agency to administer the criminal justice
school.
( 34)( 27) " Speed- Measuring Instruments" ( SMI)
means those devices or systems, including
radar time - distance, and LIDAR, formally
approved and recognized under authority of
G. S. 17C- 6( a)( 13) for use in North Carolina
in determining the speed of a vehicle under
observation and particularly includes all
named devices or systems as specifically
referenced in the approved list of 12 NCAC
09C .0601.
( 35)( 28) " Standards Division" means the Criminal
Justice Standards Division of the North
Carolina Department of Justice.
( 36)( 29) " Time- Distance" means a speed- measuring
instrument that electronically computes,
from measurements of time and distance, the
average speed of a vehicle under
observation.
( 37)( 30) " State Youth Services Officer" means an
employee of the North Carolina Division of
Youth ServicesDepartment of Juvenile
Justice and Delinquency Prevention whose
duties include the evaluation, treatment,
instruction, or supervision of juveniles
committed to that agency.
Authority G. S. 17C- 2; 17C- 6; 17C- 10; 153A- 217.
SUBCHAPTER 09B – STANDARDS FOR CRIMINAL
JUSTICE EMPLOYMENT: EDUCATION: AND
TRAINING
SECTION .0100 – MINIMUM STANDARDS FOR
CRIMINAL JUSTICE EMPLOYMENT
12 NCAC 09B .0107 MINIMUM STANDARDS FOR
CORRECTIONAL OFFICERS
In addition to the requirements for criminal justice officers
contained in 12 NCAC 09B .0101 of this Section, every
correctional officer employed by an agency in North Carolina
shall: be a high school graduate or have passed the General
Education Development test indicating high school
equivalency.
( 1) not have committed or been convicted of a
felony; and
( 2) be a high school graduate or have passed the
General Educational Development Test
indicating high school equivalency. Note:
Although not presently required by these
Rules, the Commission recommends that on
the date of employment or within 24 months
thereafter, every candidate employed as a
correctional officer have no less than six
semester units or nine quarter units of
educational credit at an accredited institution
of higher education.
Authority G. S. 17C- 6.
12 NCAC 09B .0109 MINIMUM STANDARDS FOR
PROBATION/ PAROLE OFFICERS
In addition to the requirements for criminal justice officers
contained in 12 NCAC 19B . 0101 of this Section, every
probation/ parole officer employed by an agency in North
Carolina shall: be a graduate of an accredited college or
university and have attained at least the baccalaureate degree.
( 1) not have committed or been convicted of a
felony; and
( 2) be a graduate of an accredited college or
university, which is accepted by the
American Council on Education ( ACE) for
the Commission on Recognition of
Postsecondary Accreditation ( CORPA) as
accredited, and have attained at least the
baccalaureate degree.
Authority G. S. 17C- 6.
12 NCAC 09B .0110 MINIMUM STANDARDS FOR
PROBATION/ PAROLE INTAKE OFFICERS
In addition to the requirements for criminal justice officers
contained in 12 NCAC 09B .0101 of this Section, every
probation/ parole intake officer shall have attained the
associate degree or have satisfactorily completed at least 60
semester hours of educational credit or 90 quarter hours of
educational credit at an accredited technical institute, technical
college, community college, junior college, college, or
university.
( 1) not have committed or been convicted of a
felony; and
( 2) have attained the associate degree or have
satisfactorily completed at least 60 semester
hours of educational credit or 90 quarter
hours of educational credit at an accredited
technical institute, technical college,
community college, junior college, college,
or university, which is accepted by the
American Council on Education ( ACE) for
the Commission on Recognition of
Postsecondary Accreditation ( CORPA) as
accredited.
Authority G. S. 17C- 6.
12 NCAC 09B .0112 MINIMUM STANDARDS FOR
PAROLE CASE ANALYSTS
In addition to the requirements for criminal justice officers
contained in 12 NCAC 09B .0101 of this Section, every parole
case analyst employed by an agency in North Carolina shall be
a graduate of an accredited college or university and have
attained at least the baccalaureate degree.
( 1) not have committed or been convicted of a
felony; and
( 2) be a graduate of an accredited college or
university, which is accepted by the
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
70
American Council on Education ( ACE) for
the Commission on Recognition of
Postsecondary Accreditation ( CORPA) as
accredited, and have attained at least the
baccalaureate degree.
Authority G. S. 17C- 6.
12 NCAC 09B .0113 MINIMUM STANDARDS
PROBATION/ PAROLE OFFICERS- SURVEILLANCE
In addition to the requirements for criminal justice officers
contained in 12 NCAC 09B .0101 of this Section, every
probation/ parole officer- surveillance shall be a high school
graduate or have passed the General Educational Development
Test indicating high school equivalency.
( 1) not have committed or been convicted of a
felony; and
( 2) be a high school graduate or have passed the
General Educational Development Test
indicating high school equivalency.
Authority G. S. 17C- 6.
12 NCAC 09B .0115 MINIMUM STANDARDS
PROBATION/ PAROLE INTENSIVE OFFICER
In addition to the requirements for criminal justice officers
contained i n 12 NCAC 09B . 0 1 0 1 of this Section, every
probation/ parole intensive officer employed by an agency in
North Carolina shall be a graduate of an accredited college or
university and have attained at least the baccalaureate degree.
( 1) not have committed or been convicted of a
felony; and
( 2) be a graduate of an accredited college or
university, which is accepted by the
American Council on Education ( ACE) for
the Commission on Recognition of
Postsecondary Accreditation ( CORPA) as
accredited, and have attained at least the
baccalaureate degree.
Authority G. S. 17C- 6.
SECTION .0200 – MINIMUM STANDARDS FOR CRIMINAL JUSTICE SCHOOLS AND CRIMINAL JUSTICE
TRAINING PROGRAMS OR COURSES OF INSTRUCTION
12 NCAC 09B .0206 BASIC TRAINING - CORRECTIONAL OFFICERS
( a) The basic training course for correctional officers shall consist of a minimum of 160 hours of instruction designed to provide the
trainee with the skills and knowledge to perform those tasks essential to function as a correctional officer.
( b) Each basic training course for correctional officers shall include the following identified topic areas and minimum instructional
hours for each area:
( 1) The Division of Prisons Employee 2 Hours
( 2) Prison Security Functions and Procedures 4 Hours
( 3) Contraband and Techniques of Search 8 Hours
( 4) Inmate Supervision 8 Hours
( 5) Firearms 24 Hours
( 6) Inmate Classification Process and Programs 4 Hours
( 7) Understanding Inmate Behavior 12 Hours
( 8) Prison Emergency Operations 18 Hours
( 9) Radio Communications, Transporting, and Restraints 4 Hours
( 10) Basic Life Support 12 Hours
( 11) Prison Health Services 2 Hours
( 12) Report Writing 6 Hours
( 13) You and the Law 4 Hours
( 14) Interpersonal Communication Skills 16 Hours
( 15) Unarmed Self Defense 18 Hours
( 16) Role of the Correctional Witness 4 Hours
( 17) Disciplinary and Inmate Grievance Procedures 4 Hours
( 18) Administrative Matters, Review and Testing 10 Hours
_________
Total 160 Hours
( c) The " Basic Correction Officer Training Manual" as published by the Department of Correction is hereby incorporated by
reference, and shall automatically include any later amendments and editions of the incorporated material as provided by G. S. 150B-
21.6, shall be used as the basic curriculum for delivery of correctional officer basic training courses. Copies of this publication may be
inspected at the office of the agency:
The Office of Staff Development and Training
North Carolina Department of Correction
1001 Mountford Avenue
Raleigh, North Carolina 27626- 0540
and may be obtained from the Department of Correction for fifty dollars ($ 50.00) per copy.
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
71
( d) Commission- accredited schools that are accredited to offer the " Basic Training: Correctional Officers" course are: The Office of
Staff Development and Training of the North Carolina Department of Correction.
( e) Upon successful completion of a commission- accredited training course by correctional trainees, the director of the school
conducting such course shall notify the Commission of the satisfactory achievement of trainees by submitting a monthly Report of
Training Course Completion referenced in 12 NCAC 09C .0213.
Authority G. S. 17C- 6; 17C- 10.
12 NCAC 09B .0208 BASIC TRAINING - PROBATION/ PAROLE OFFICERS
( a) The basic training course for Probation/ Parole Officers and Intake Officers shall consist of a minimum of 160 hours of instruction
designed to provide the trainee with the skills and knowledge to perform those tasks essential to function as a probation/ parole or
intake officer.
( b) Each basic training course for Probation/ Parole Officers and Intake Officers shall include training in the following identified
topical areas:
( 1) Orientation to DAPP Organization, Policy, and Procedure 12
Hours
( 2) Legal Considerations for the Probation/ Parole Officer 20
Hours
to include as a minimum the following subject areas:
( A) Introduction to the Legal System
( B) Legalities of Pre - sentence & Pre- diagnostic Investigations
( C) Probation Law
( D) Parole Law
( 3) Officer- Probationer/ Parolee Relations 28
Hours
to include as a minimum the following subject areas:
( A) Understanding Probationer/ Parolee Behavior
( B) Counseling Methodologies
( C) Crisis Intervention and Domestic Disputes( D) Counseling Substance Abuse Cases
( E) Interview Techniques
( F) Probationer/ Parolee Supervision
( 4) Administrative and Probationer/ Parolee Management 32
Hours
to include as a minimum the following subject areas:
( A) Case Management
( B) Processing New Parole Cases
( C) Parole Violations and Revocations
( D) Community Resources Management
( E) Processing Probation Cases
( 5) Defensive Protection 30
Hours
to include as a minimum the following subject areas:
( A) Arrest Procedures
( B) Unarmed Self- Defense
( C) Personal Protection
( 6) Courtroom Preparation and Demeanor to include as a minimum the following subject areas: 8
Hours
( A) Public Speaking
( B) Role of the Probation/ Parole Witness
( C) Moot Court
( 7) Drug Identification 4
Hours
( 8) Basic Life Support 8
Hours
( 9) Physical Fitness Education 12
Hours
( 10) Administrative Matters, Review, and Testing 6
Hours
TOTAL 160 Hours
Authority G. S. 17C- 6; 17C- 10.
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
72
12 NCAC 09B .0216 BASIC TRAINING - PAROLE CASE ANALYSTS
( a) The basic training course for Parole Case Analysts shall consist of a minimum of 206 hours of specialized instruction designed to
provide the trainee with the skills and knowledge to perform those tasks essential to function as a parole case analyst.
( b) Each basic training course for Parole Case Analysts shall include training in the following identified topical areas; however, the
director is authorized to permit modification of the topical areas and minimum instructional hours, not inconsistent with a minimum of
206 hours of instruction, on an interim basis with such modifications to be submitted to the Standards Committee and the full
commission at their next regularly scheduled meeting:
( 1) Introduction: The Parole Case Analyst 44
Hours
( 2) Parole Analytical Process: File Development 16
Hours
( 3) Parole Analytical Process: Initial Review 55
Hours
( 4) Parole Analytical Process: Pre- Parole Field Investigation 16
Hours
( 5) Parole Analytical Process: Parole Case Analyst Recommendation 47
Hours
( 6) Special Programs 8
Hours
( 7) Processing Executive Clemency Cases 2
Hours
( 8) The Division of Adult Probation and Parole 18
Hours
Authority G. S. 17C- 6.
12 NCAC 09B .0223 BASIC TRAINING - PROBATION/ PAROLE OFFICERS - SURVEILLANCE
In addition to the requirements for Basic Training for Probation/ Parole Officers and Intake Officers contained in 12 NCAC 09B .0208
of this Section, every Probation/ Parole Officer- Surveillance shall complete a supplemental training course which shall include training
in the following identified topical areas and minimum instructional hours for each area:
( 1) Orientation to Intensive Operational Procedures 2 Hours
( 2) Firearms 30 Hours
( 3) Advanced Defensive Protection 22 Hours
to include as a minimum the following subject areas:
( a) Defensive Tactics
( b) Defensive Techniques with Flashlight
( c) Disarming and Weapons Retention
( d) Defensive Application of Chemical Aerosols
( 4) Officer- Probationer/ Parolee Relations 12 Hours
to include as a minimum the following subject areas:
( a) Interpersonal Communications
( b) Summary of Drug Use and Abuse
( c) Interview/ Investigation/ Surveillance
( 5) Advanced Arrest, Search and Seizure 8 Hours
( 6) DAPP Specialized Equipment Operations 4 Hours
( 7) Administrative Matters, Review, and Testing 4 Hours
Total 82 Hours
Authority G. S. 17C- 6.
12 NCAC 09B .0229 CORRECTIONS SPECIALIZED INSTRUCTOR TRAINING – FIREARMS
( a) The instructor training course requirement for corrections specialized firearms instructor certification shall consist of a minimum
of 80 hours of instruction presented during a continuous period of not more than two weeks or as approved by the Standards Division.
( b) Each corrections specialized firearms instructor training course shall be designed to provide the trainee with the skills and
knowledge to perform the function of a criminal justice firearms instructor in the " Basic Training-- Correctional Officer" course,
" Basic Training-- Probation/ Parole Officer- Surveillance" course, " Basic Training-- Probation/ Parole Intensive Officer" course, and
advanced ( in- service) training courses for correctional officers, extradition officers, PERT teams, and intensive supervision and
surveillance probation and parole officers.
( c) Each corrections specialized firearms instructor training course shall include as a minimum the following identified topical areas
and minimum instructional hours for each area:
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
73
( 1) Overview 3 Hours
( 2) Legal Considerations for Firearms Instructors 4 Hours
( 3) Firearms Safety 2 Hours
( 4) Range Operations 2 hours
( 5) Range Medical Emergencies 2 Hours
( 6) Revolver - Operation, Use and Maintenance 12 Hours
( 7) Advanced Revolver Training 6 Hours
( 8) Revolver Night Firing 4 Hours
( 9) Rifle Training and Qualification 8 Hours
( 10) Shotgun Training and Qualification 5- 1/ 2 Hours
( 11) Maintenance and Repair of Rifles and Shotguns 2 Hours
( 12) Special Techniques, Training Aids and Methods 3 Hours
( 13) Chemical Weapons 8 Hours
( 14) Situational Use of Firearms 10- 1/ 2 Hours
( 15) Day and Night Practical Courses of Fire 6 Hours
( 16) Administrative Matters, Testing, and Evaluation 2 Hours
( d) Commission- accredited schools that are accredited to offer the " Corrections Specialized Instructor Training - Firearms" course
are: The Office of Staff Development and Training of the North Carolina Department of Correction.
Authority G. S. 17C- 6.
12 NCAC 09B .0230 CORRECTIONS SPECIALIZED INSTRUCTOR TRA – UNARMED SELF- DEF
( a) The instructor training course requirement for corrections specialized unarmed self- defense instructor certification shall consist of
a minimum of 80 hours of instruction presented during a continuous period of not more than two weeks or as approved by the
Standards Division.
( b) Each corrections specialized unarmed self- defense instructor training course shall be designed to provide the trainee with the skills
and knowledge to perform the function of a criminal justice unarmed self- defense instructor in the " Basic Training-- Correctional
Officer" course, " Basic Training-- Probation/ Parole Officer- Surveillance" course, " Basic Training-- Probation/ Parole Intensive Officer"
course, and advanced ( in- service) training courses for correctional officers, extradition officers, PERT teams, intensive supervision
and surveillance probation/ parole officers, and all Division of Youth Services unarmed self- defense courses.
( c) Each corrections specialized unarmed self- defense instructor training course shall include as a minimum the following identified
topical areas and minimum instructional hours for each area:
( 1) Introduction to Unarmed Self- Defense 2 Hours
( 2) Basic Exercises, Techniques and Methods 12 Hours
( 3) Basic Come- Alongs and Control Techniques 14 Hours
( 4) Restraint Application 10 Hours
( 5) Instructional Methods/ Techniques 30 Hours
( 6) Program Evaluation 12 Hours
( d) Commission- accredited schools that are accredited to offer the " Corrections Specialized Instructor Training/ Unarmed Self-
Defense" course are: The Office of Staff Development and Training of the North Carolina Department of Correction.
Authority G. S. 17C- 6.
12 NCAC 09B .0231 BASIC TRAINING – PROBATION/ PAROLE INTENSIVE OFFICER
In addition to the requirements for Basic Training for Probation/ Parole Officers and Intake Officers contained in 12 NCAC 09B .0208
of this Section, every Probation/ Parole Intensive Officer shall complete a supplemental training course contained in 12 NCAC 09B
.0223 of this Section, and an Advanced Training Program which shall include training in the following identified topical areas and
minimum instructional hours for each area:
( 1) Working with Special Probationers/ Parolees 30 Hours
to include as a minimum the following subject areas:
( a) The Criminal Personality
( b) Substance Abuse Offender
( c) Violent/ Sexual Offender
( d) High Risk Probationers/ Parolees
( 2) Advanced Communication Skills 31 Hours
to include as a minimum the following subject areas:
( a) Active Listening
( b) Deception
( c) Assertiveness Training
( d) Supervision Styles
( e) Professional Speaking
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
74
( 3) Personal/ Professional Skills Development 32 Hours
to include as a minimum the following subject areas:
( a) Professional Ethics
( b) Time Management
( c) Stress Management
( d) Advanced Physical Fitness Education
( 4) Community Social Issues 22 Hours
to include as a minimum the following subject areas:
( a) Domestic and Family Violence
( b) Satanism/ Gangs
( c) Multi- Cultural Sensitivity and Awareness
( 5) Personal Protection 20 Hours
to include as a minimum the following subject areas:
( a) Search Practicum
( b) Practical Skills in Self- Defense
( c) Weapons Safety
( 6) Special Resource Programs for Probationers/ Parolees 8 Hours
( 7) Practical Skills for Testifying in Violation Hearings 4 Hours
( 8) Administrative Matters, Review, and Testing 7 Hours
Total 154 Hours
Authority G. S. 17C- 6.
SECTION .0300 – MINIMUM STANDARDS FOR
CRIMINAL JUSTICE INSTRUCTORS
12 NCAC 9B .0304 SPECIALIZED INSTRUCTOR
CERTIFICATION
( a) The Commission may issue a Specialized Instructor
Certification to an applicant who has developed specific
motor- skills and abilities by virtue of special training and
demonstrated experience in one or more of the following topical
areas:
( 1) Subject Control Arrest Techniques
( 2) First Responder
( 3) Firearms
( 4) Law Enforcement Driver Training
( 5) Physical Fitness
( 6) Firearms ( DOC)
( 7)( 6) Unarmed Self- Defense ( DOC/ DYS) ( DJJDP)
( 8)( 7) Medical Emergencies ( DJJDP)
( 9)( 8) Electrical and Hazardous Materials
Emergencies
( b) To qualify for Specialized Instructor Certification, with the
exception of the First Responder, Physical Fitness, Youth
ServicesDepartment of Juvenile Justice and Delinquency
Prevention Medical Emergencies, and Electrical and Hazardous
Materials Emergencies topical areas as outlined in Rule .0304
( d), ( e), ( f), and ( g) of this Section, an applicant must meet the
following requirements:
( 1) hold General Instructor Certification, either
probationary status or full general instructor
status, as specified in Rule .0303 of this
Section; and
( 2) successfully complete the pertinent
commission- approved specialized instructor
training course; and
( 3) obtain the recommendation of a
commission- recognized school director.
( c) To qualify for and ma intain any Specialized Instructor
Certification, an applicant must possess a valid CPR
Certification that included cognitive and skills testing.
( d) To qualify for Specialized Instructor Certification in the
First Responder topical area, an applicant is not required to meet
the standards for issuance of General Instructor Certification, but
must qualify through one of the following two options:
( 1) The first option is:
( A) hold current CPR instructor
certification through either the
American Red Cross or the American
Heart Association; and
( B) hold current basic Emergency
Medical Technician certification; and
( C) have successfully completed the
Department of Transportation's 40
hour EMT Instructor Course or
equivalent within the last three years
or hold a current North Carolina
teaching certificate.
( 2) The second option is:
( A) hold General Instructor Certification,
either probationary status or full
general instructor status, as specified
in Rule .0303 of this Section; and
( B) hold current CPR instructor
certification through either the
American Red Cross or the American
Heart Association; and
( C) hold current basic EMT certification.
( e) To qualify for Specialized Instructor Certification in the
Physical Fitness topical area, an applicant may become certified
through one of the following two methods:
( 1) The first method is:
( A) hold General Instructor Certification,
either probationary status or full
general instructor status, as specified
in Rule .0303 of this Section; and
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
75
( B) successfully complete the pertinent
commission- approvedCommission-approved
specialized instructor
training course; and
( C) obtain the recommendation of a
commission- recognizedCommission-recognized
schoolSchool
directorDirector.
( 2) The second method is:
( A) successfully complete the pertinent
commission- approvedCommission-approved
specialized instructor
training course; and
( B) obtain the recommendation of a
commission- recognizedCommission-recognized
schoolSchool
directorDirector; and
( C) in addition to the requirements of
both ( 2), items ( A) and ( B) of this
RuleSubparagraph, the applicant must
meet one of the following
qualifications:
( i) hold a current and valid
North Carolina Teacher's
Certificate and hold a
minimum of a baccalaureate
degree in physical education
and be actively teaching in
physical education topics; or
( ii) be presently instructing
physical education topics in
a community college,
college or university and
hold a minimum of a
baccalaureate degree in
physical education.
( f) To qualify for Specialized Instructor Certification in the
Electrical and Hazardous Materials Emergencies topical area, an
applicant is not required to meet the standards for issuance of
General Instructor Certification, but must qualify through one of
the following two options:
( 1) The first option is:
( A) hold current instructor certification as
a First Responder Awareness Level
Hazardous Materials instructor; and
( B) have successfully completed the Fire
Service Instructor Methodology
Course or the equivalent utilizing the
Instructional Systems Design model,
an international model with
applications in education, military
training, and private enterprise.
( 2) The second option is:
( A) hold General Instructor Certification,
either probationary status or full
general instructor status, as specified
in Rule .0303 of this Section; and
( B) have successfully completed a First
Responder Awareness Level
Hazardous Materials course.
( g) To qualify for Specialized Instructor Certification in the
State Youth ServicesDepartment of Juvenile Justice and
Delinquency Prevention Medical Emergencies topical area, an
applicant is not required to meet the standards for issuance of
General Instructor Certification, but must qualify in the
following manner:
( 1) have successfully completed a
commission- accredited basic instructor
training course or an equivalent instructor
training course utilizing the Instructional
Systems Design model, an international model
with applications in education, military
training, and private enterprise, within the 12
month period preceding application; and
( 2) hold current instructor certification in CPR and
First Aid by fulfillment of the American Red
Cross Instructor requirements.
Authority G. S. 17C- 6.
SUBCHAPTER 09C – ADMINISTRATION OF CRIMINAL
JUSTICE EDUCATION AND TRAINING STANDARDS
SECTION .0200 - FORMS
12 NCAC 09C .0205 REPORT OF APPOINTMENT
The Report of Appointment appears in two versions: one is for
law enforcement officers, and one is for correctional personnel.
Each form is used for reporting the appointment of criminal
justice officers and indicating the applicant's progress toward
completing the requirements for certification.
Authority G. S. 17C- 6; 150B- 11.
12 NCAC 09C .0207 APPLICATION FOR AWARD OF
PROFESSIONAL CERTIFICATE
The Application For Award of Law Enforcement Certificate,
requests information regarding the education, training, and
experience qualifying the applicant for various levels of
certification under the Law Enforcement Officers' Professional
Certificate Program. The Application For Award of Criminal
Justice Certificate, requests information regarding the education,
training, and experience qualifying the State Youth Services
officer/ applicant for various levels of certification under the
Criminal Justice Officers' Professional Certificate Program.
Authority G. S. 17C- 6; 150B- 11.
12 NCAC 09C .0208 REPORT OF SEPARATION
The Report of Separation, is used for reporting the date of and
reason for the separation of a criminal justice office from the
employing agency. Two versions of the form are used; one for
criminal justice officers, and one for correctional officers.
Authority G. S. 17C- 6; 150B- 11.
SUBCHAPTER 09G - STANDARDS FOR CORRECTIONS
EMPLOYMENT, TRAINING, AND CERTIFICATION
SECTION .0100 - SCOPE, APPLICABILITY, AND
DEFINITIONS
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
76
12 NCAC 09G .0101 SCOPE AND APPLICABILITY
OF SUBCHAPTER
This Subchapter governs the implementation of minimum
standards for employment, training, and certification of three
classes of corrections officers: correctional officers,
probation/ parole officers, and probation/ parole officers-surveillance
as well as the standards for corrections schools and
the state corrections certificate program. Definitions and
procedures contained within 12 NCAC 09, Subchapters A- F do
not apply to these classes of corrections officers, unless
specifically referenced; only rules specifically included in
Subchapter 09G apply to these employees of the North Carolina
Department of Correction.
Authority G. S. 17C- 1; 17C- 6; S. L. 1999, c. 200, s. 67- 17.3a.
12 NCAC 09G .0102 DEFINITIONS
The following definit ions apply throughout this Subchapter only:
( 1) " Commission" means the North Carolina
Criminal Justice Education and Training
Standards Commission.
( 2) " Commission of an offense" means a finding
by the North Carolina Criminal Justice
Education and Training Standards
Commission or an administrative body that a
person performed the acts necessary to satisfy
the elements of a specified offense.
( 3) " Convicted" or " Conviction" means and
includes, for purposes of this Subchapter, the
entry of:
( a) a plea of guilty;
( b) a verdict or finding of guilt by a jury,
judge, magistrate, or other duly
constituted, established, and
recognized adjudicating body,
tribunal, or official, either civilian or
military; or
( c) a plea of no contest, nolo contendere,
or the equivalent.
( 4) " Correctional Officer" means an employee of
the North Carolina Department of Correction,
Division of Prisons, responsible for the
custody of inmates or offenders.
( 5) " Corrections Officer" means any or all of the
three classes of officers employed by the
North Carolina Department of Correction;
correctional officer; probation/ parole officer;
and probation/ parole officer- surveillance.
( 6) " Criminal Justice System" means the whole of
the State and local criminal justice agencies
including the North Carolina Department of
Correction.
( 7) " Director" means the Director of the Criminal
Justice Standards Division of the North
Carolina Department of Justice.
( 8) " Educational Points" means points earned
toward the State Correction Officers'
Professional Certificate Program for studies
satisfactorily completed for semester hour or
quarter hour credit at an accredited institution
of higher education. Each semester hour of
college credit equals one educational point and
each quarter hour of college credit equals
two- thirds of an educational point.
( 9) " High School" means graduation from a high
school that meets the compulsory attendance
requirements in the jurisdiction in which the
school is located.
( 10) " Misdemeanor" for corrections officers means
those criminal offenses not classified under the
laws, statutes, or ordinances as felonies.
Misdemeanor offenses for corrections officers
are classified by the Commission as follows:
( a) 14- 2.5 Punishment for
attempt ( offenses that are Class A- 1
misdemeanor);
( b) 14- 27.7 Intercourse and
sexual offenses with certain victims
( If definition is school personnel
other than a teacher, school
administrator, student teacher or
coach);
( c) 14- 32.1( f) Assault on
handicapped persons;
( d) 14- 32.2( b)( 4) Patient abuse and
neglect, punishments;
( e) 14- 32.3( c) Exploitation by
caretaker of disabled/ elder adult in
domestic setting; resulting in loss of
< one thousand dollars ($ l000.00);
( f) 14- 33( b)( 9) Assault, battery
against sports official;
( g) 14- 33( c) Assault, battery
with circumstances;
( h) 14- 34 Assault by pointing
a gun;
( i) 14- 34.6( a) Assault on
Emergency Personnel;
( j) 14- 54 B or E into
buildings generally ( 14- 54( b));
( k) 14- 72 Larceny of
prop./ rec'g. stolen goods etc.; < one
thousand dollars ($ 1000.00) ( 14-
72( a)) 14- 72.1 Concealment of
merchandise ( 14- 72.1( e); 3rd
offense);
( l) 14- 76 Larceny,
mutilation, or destruction of public
records/ papers;
( m) CH 14 Art. 19A False/ fraudulent use
of credit device ( 14- 113.6);
( n) CH 14 Art. 19B Financial
transaction card crime ( 14- 113.17( a ));
( o) 14- 114( a) Fraudulent disposal
of prop./ security interest;
( p) 14- 118 Blackmailing;
( q) 14- 118.2Obtaining academic credit
by fraudulent means ( 14- 118.2( b));
( r) 14- 122.1Falsifying documents issued
by a school ( 14- 122.1( c));
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
77
( s) 14- 127 Willful and wanton
injury to real property;
( t) 14- 160 Willful and wanton
injury to personal property > two
hundred dollars ($ 200.00) ( 14-
160( b));
( u) 14- 190.5Preparation of obscene
photographs;
( v) 14- 190.9Indecent Exposure;
( w) 14- 190.14 Displaying material
harmful to minors ( 14- 190.14( b));
( x) 14- 190.15 Disseminating
harmful material to minors ( 14-
190.15( d));
( y) 14- 202.2Indecent liberties between
children;
( z) 14- 202.4Taking indecent liberties
with a student;
( aa) 14- 204 Prostitution ( 14-
207; 14- 208);
( bb) 14- 223 Resisting officers;
( cc) 14- 225 False, etc., reports
to law enforcement agencies or
officers;
( dd) 14- 230 Willfully failing to
discharge duties;
( ee) 14- 231 Failing to make
reports and discharge other duties;
( ff) 14- 232 Swearing falsely to
official records;
( gg) 14- 239 Allowing prisoners
to escape punishment;
( hh) 14- 255 Escape of working
prisoners from custody;
( ii) 14- 256 Prison breach and
escape;
( jj) 14- 258.1( b) Furnishing certain
contraband to inmates;
( kk) 14- 259 Harboring or aiding
certain persons;
( ll) CH 14 Art. 34 Persuading inmates
to escape; harboring fugitives ( 14-
268);
( mm) 14- 269.2Weapons on campus or other
educational property ( 14- 269.2( d), ( e)
& ( f));
( nn) 14- 269.3( a) Weapons where
alcoholic beverages are sold and
consumed;
( oo) 14- 269.4Weapons on state property
and in courthouses;
( pp) 14- 269.6Possession and sale of
spring- loaded projectile knives
prohibited ( 14- 269.6( b));
( qq) 14- 277 Impersonation of a
law- enforcement or other public
officer verbally, by displaying a
badge or insignia, or by operating a
red light ( 14- 277 ( d1)& ( e));
( rr) 14- 277.2( a) Weapons at
parades, etc., prohibited;
( ss) 14- 277.3Stalking ( 14- 277.3( b));
( tt) CH 14 Art. 36A Riot ( 14- 288.2( b));
( uu) CH 14 Art. 36A Inciting to riot ( 14-
288.2( d));
( vv) CH 14 Art. 36A Looting;
trespassing during emergency ( 14-
288.6( a));
( ww) CH 14 Art. 36A Transporting
weapon or substance during
emergency ( 14- 288.7( c));
( xx) CH 14 Art. 36A Assault on
emergency personnel; punishments
( 14- 288.9( c));
( yy) 14- 315( a) Selling or giving
weapons to minors;
( zz) 14- 315.1Storage of firearms to
protect minors;
( aaa) 14- 316.1Contributing to delinquency;
( bbb) 14- 318.2Child abuse;
( ccc) 14- 360 Cruelty to animals;
( ddd) 14- 361 Instigating or
promoting cruelty to animals;
( eee) 14- 401.14 Ethnic intimidation;
teaching any technique to be used for
( 14- 401.14( a) and ( b));
( fff) 14- 454( a) or ( b) Accessing
computers;
( ggg) 14- 458 Computer trespass
( Damage < two thousand five hundred
dollars ($ 2500.00);
( hhh) 15A- 266.11 Unauthorized use
of DNA databank; willful disclosure
( 15A- 266.11( a) and ( b));
( iii) 15A- 287 Interception and
disclosure of wire etc.
communications;
( jjj) 15B- 7( b) Filing false or
fraudulent application for
compensation award;
( kkk) 18B- 902( c) False statements in
application for ABC permit ( 18B-
102( b));
( lll) 20- 37.8 Fraudulent use of a
fictitious name for a special
identification card ( 20- 37.8( b));
( mmm) 20- 102.1False report of theft or
conversion of a motor vehicle;
( nnn) 20- 111( 5) Fictitious name or
address in application for registration;
( ooo) 20- 130.1Use of red or blue lights on
vehicles prohibited ( 20- 130.1( e));
( ppp) 20- 137.2Operation of vehicles
resembling law- enforcement vehicles
( 20- 137.2( b));
( qqq) 20- 138.1Driving while impaired
( punishment level 1; 20- 179( g) or 2
( 20- 179( h));
( rrr) 20- 138.2Impaired driving in
commercial vehicle ( 20- 138.2( e));
( sss) 20- 141.5( a) Speeding to elude
arrest;
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
78
( ttt) 20- 166( b) Duty to stop in
event of accident or collision;
( uuu) 20- 166( c) Duty to stop in
event of accident or collision;
( vvv) 20- 166( c1) Duty to stop in
event of accident or collision;
( www) 50B- 4.1 Knowingly
violating valid protective order;
( xxx) 58- 33- 105 False statement in
applications for insurance;
( yyy) 58- 81- 5 Careless or
negligent setting of fires;
( zzz) 62A- 12 Misuse of 911
system;
( aaaa) 90- 95( d)( 2) Possession of
schedule II, III, IV;
( bbbb) 90- 95( d)( 3) Possession of
Schedule V;
( cccc) 90- 95( d)( 4) Possession of
Schedule VI ( when punishable as
Class 1 misdemeanor);
( dddd) 90- 95( e)( 4) Conviction of 2 or
more violations of Art. 5;
( eeee) 90- 95( e)( 7) Conviction of 2 or
more violations of Art. 5;
( ffff) 90- 113.22 Possession of drug
paraphernalia ( 90- 113.22( b));
( gggg) 90- 113.23 Manufacture or
delivery of drug paraphernalia ( 90-
113.23( c));
( hhhh) 97- 88.2( a) Misrepresentation
to get worker's compensation
payment;
( iiii) 108A- 39( a) Fraudulent
misrepresentation of public
assistance;
( jjjj) 108A- 53 Fraudulent
misrepresentation of foster care and
adoption assistance payments;
( kkkk) 108A- 64( a) Medical assistance
recipient fraud; four hundred dollars
($ 400.00) ( 108- 64( c)( 2));
( llll) 108A- 80 Recipient check
register/ list of all recipients of AFDC
and state- county special assistance
( 108A - 80( b));
( mmmm) 108A- 80 Recipient check
register/ list of all recipients of AFDC
and state- county special assistance;
political mailing list ( 108A- 80( c));
( nnnn) 113- 290.1( a)( 2) Criminally
negligent hunting; no bodily
disfigurement;
( oooo) 113- 290.1( a)( 3) Criminally
negligent hunting; bodily
disfigurement;
( pppp) 113- 290.1( a)( 4) Criminally
negligent hunting; death results;
( qqqq) 113- 290.1( d) Criminally
negligent hunting; person
convicted/ suspended license;
( rrrr) 143- 58.1( a) Use of public
purchase or contract for private
benefit ( 143- 58.1( c));
( ssss) 147C- 3 Aiding escapes from an
institution or youth services;
( tttt) 148- 45( d) Aiding escape or
attempted escape from prison;
( uuuu) 162- 55 Injury to prisoner by jailer;
( vvvv) Common- Law misdemeanors:
( i) Going Armed to the Terror
of the People;
( ii) Common- Law Mayhem;
( iii) False Imprisonment;
( iv) Common- Law Robbery;
( v) Common- Law Forgery;
( vi) Common- Law Uttering of
Forged paper;
( vii) Forcible Trespass;
( viii) Unlawful Assembly;
( ix) Common- Law Obstruction
of Justice; and
( wwww) Those offenses occurring in
other jurisdictions which are
comparable to the offenses
specifically listed in ( a) through
( vvvv) of this Rule.
( 11) " Pilot Courses" means those courses
developed consistent with the curriculum
development policy adopted by the
Commission on May 30, 1986. This policy
shall be administered by the Education and
Training Committee of the Commission
consistent with 12 NCAC 09G .0404.
( 12) " Probation/ Parole Officer" means an employee
of the North Carolina Department of
Correction, Division of Community
Corrections, whose duties include supervising,
evaluating, or otherwise instructing offenders
placed on probation, parole, post release
supervision, or assigned to any other
community- based program operated by the
Division of Community Corrections.
( 13) " Probation/ Parole Officer- Surveillance" means
an employee of the North Carolina Department
of Correction, Division of Community
Corrections, other than a regular
probation/ parole officer who is trained in
corrections techniques, and is an authorized
representative of the courts of North Carolina
and the Department of Correction, Division of
Community Corrections, whose duties include
supervising, investigating, reporting, and
surveillance of serious offenders in an
intensive probation, parole, or post release
supervision program operated by the Division
of Community Corrections.
( 14) " Qualified Assistant" means an additional staff
person designated as such by the School
Director to assist in the administration of a
course when an accredited institution or
agency assigns additional responsibilities to
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
79
the certified School Director during the
planning, development, and implementation of
an accredited course.
( 15) " School" means an institution, college,
university, academy, or agency which offers
penal or corrections training for correctional
officers, probation/ parole officers, or
probation/ parole officers- surveillance.
" School" includes the corrections training
course curricula, instructors, and facilities.
( 16) " School Director" means the person designated
by the sponsoring institution or agency to
administer the " School."
( 17) " Standards Division" means the Criminal
Justice Standards Division of the North
Carolina Department of Justice.
( 18) " State Corrections Training Points" means
points earned toward the State Corrections
Officers' Professional Certificate Program by
successful completion of Commission-approved
corrections training courses. 20
classroom hours of Commission- approved
corrections training equals one State
Corrections training point.
Authority G. S. 17C- 2; 17C- 6; 17C- 10; 153A- 217.
12 NCAC 09G .0103 RULE- MAKING AND
ADMINISTRATIVE HEARING PROCEDURES
( a) In addition to the procedures set out in G. S. 150B- 20,
Petitions for Rule- Making shall be submitted to the Commission
and shall contain:
( 1) petitioner's name, address and telephone
number;
( 2) a draft of the proposed rule or rule change;
( 3) the reason for its proposal;
( 4) the effect of the proposal on existing rules or
decisions;
( 5) data supporting the proposal;
( 6) practices likely to be affected by the proposal;
and
( 7) a list or des cription of persons likely to be
affected by the proposed rule.
( b) Administrative hearings in contested cases conducted by the
Commission or an Administrative Law Judge ( as authorized in
G. S. 150B- 40) shall be governed by:
( 1) procedures set out in G. S. 150B, Article 3;
( 2) insofar as relevant, the Rules of Civil
Procedure as contained in G. S. 1A - 1; and
( 3) insofar as relevant, the General Rules of
Practice for the Superior and District Courts as
authorized by G. S. 7A - 34 and found in the
Rules Volume of the North Carolina General
Statutes.
( c) The rules establishing procedures for contested cases
adopted by the Office of Administrative Hearings as contained
in 26 NCAC 03 are hereby adopted by reference for contested
cases for which this agency has authority to adopt rules under
G. S. 150B- 38( h). All such adoptions by reference shall
automatically include any later amendments and editions of the
incorporated material as provided by G. S. 150B- 21.6.
( d) Provided, however, that if the case is conducted under G. S.
150B- 40( b), the presiding officer shall have the powers and
duties given to the Chief Administrative Law Judge or the
presiding Administrative Law Judge in 26 NCAC 03 and that 26
NCAC 03 .0101( 2); .0102( a)( 1); and .0103( b) shall not apply.
( e) An applicant for certification or a certified officer shall have
60 days from the date of receipt of a notice of proposed action
by the Commission to request a contested case hearing.
Authority G. S. 17C- 6; 150B- 20; 150B- 21.6; 150B- 38( h);
150B- 40.
SECTION .0200 - MINIMUM STANDARDS FOR
CERTIFICATION OF CORRECTIONAL OFFICERS,
PROBATION/ PAROLE OFFICERS, AND
PROBATION/ PAROLE OFFICERS- SURVEILLANCE
12 NCAC 09G .0201 EMPLOYMENT PROCESS:
DOCUMENTATION: AND RECORDS RETENTION
( a) The North Carolina Department of Correction is a state
agency and is subject to G. S. 126. The employment process
shall be consistent with the rules established by the State
Personnel Commission as authorized by G. S. 126- 4( 6) and 126-
4( 7)( a).
( b) The North Carolina Department of Correction shall
document the employment process and that the minimum
standards for employment have been satisfied through forms as
approved by the State Personnel Commission.
( c) The North Carolina Department of Correction shall maintain
and release those employment records in accordance with G. S.
126- 24.
Authority G. S. 126.
12 NCAC 09G .0202 CITIZENSHIP
Every person employed as a correctional officer,
probation/ parole officer, or probation/ parole officer- surveillance
by the North Carolina Department of Correction shall be a
citizen of the United States.
Authority G. S. 17C- 6; 17C- 10.
12 NCAC 09G .0203 AGE
( a) Every person employed as a correctional officer,
probation/ parole officer, or probation/ parole officer- surveillance
by the North Carolina Department of Correction shall be at least
20 years of age.
( b) Candidates shall document age through documents issued by
any county, State, or federal government agency.
Authority G. S. 17C- 6; 17C- 10.
12 NCAC 09G .0204 EDUCATION
( a) Every person employed as a correctional officer by the
North Carolina Department of Correction shall be a high school
graduate or have passed the General Educational Development
Test indicating high school equivalency.
( b) Every person employed as a probation/ parole officer by the
North Carolina Department of Correction shall be a graduate of
a regionally accredited college or university and have attained at
least the baccalaureate degree.
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
80
( c) Every person employed as a probation/ parole officer-surveillance
by the North Carolina Department of Correction
shall be a high school graduate or have passed the General
Educational Development Test indicating high school
equivalency.
( d) Each applicant for employment as a corrections officer shall
furnish to the North Carolina Department of Correction
documentary evidence that the applicant has met the educational
requirements for the corrections field of expected employment.
( 1) Documentary evidence of educational
requirements shall consist of official
transcripts of courses completed or diplomas
received from a recognized public school or an
approved private school which, in either case,
meet the approval guidelines of the North
Carolina Department of Public Instruction or
comparable out- of- state agency. The Director
of the Standards Division shall determine
whether other types of documentation will be
permitted in specific cases. High school
diplomas earned through correspondence
enrollment are not recognized toward these
minimum educational requirements.
( 2) Documentary evidence of completion of the
General Educational Development " GED"
Test shall be satisfied by a certified copy of
GED test results showing successful
completion. A certified copy of a military
GED diploma may be used as alternate
evidence of GED completion.
Authority G. S. 17C- 6; 17C- 10.
12 NCAC 09G .0205 PHYSICAL AND MENTAL
STANDARDS
( a) Every person employed as a correctional officer,
probation/ parole officer, or probation/ parole officer- surveillance
by the North Carolina Department of Correction shall have been
examined and certified by a licensed physician, physician's
assistant, or nurse practitioner to meet the physical requirements
to fulfill properly the officer's particular responsibilities as stated
in the essential job functions.
( b) Every person employed as a correctional officer,
probation/ parole officer, or probation/ parole officer- surveillance
by the North Carolina Department of Correction shall have been
administered a psychological screening examination by a clinical
psychologist or psychiatrist licensed to practice in North
Carolina within one year prior to employment with the North
Carolina Department of Correction to determine the officer's
mental and emotional suitability to fulfill properly the officer's
particular responsibilities as stated in the essential job functions.
Authority G. S. 17C- 6; 17C- 10.
12 NCAC 09G .0206 MORAL CHARACTER
Every person employed as a correctional officer,
probation/ parole officer, or probation/ parole officer- surveillance
by the North Carolina Department of Correction shall
demonstrate good moral character as evidenced by, but not
limited to:
( 1) not having been convicted of a felony for 10
years since the date of conviction or the
completion of any corrections supervision
imposed by the courts whichever is later;
( 2) not having been convicted of a misdemeanor
as defined in 12 NCAC 09G .0102( 10) for
three years since the date of conviction or the
completion of any corrections supervision
imposed by the courts whichever is later;
( 3) having submitted to and produced a negative
result on a drug test which meets the
certification standards of the Department of
Health and Human Services for Federal
Workplace Drug Testing Programs, copies of
which may be obtained from National Institute
on Drug Abuse, 5600 Fisher Lane, Rockville,
Maryland 20857 at no cost, to detect the illegal
use of at least cannabis, cocaine, phencyclidine
( PCP), opiates and amphetamines or their
metabolites;
( 4) submitting to a background investigation
consisting of:
( a) verification of age;
( b) verification of education;
( c) criminal history check of local, state,
and national files; and
( 5) being truthful in providing all required
information as prescribed by the application
process.
Authority G. S. 17C- 6; 17C- 10.
SECTION .0300 - CERTIFICATION OF
CORRECTIONAL OFFICERS, PROBATION/ PAROLE
OFFICERS, PROBATION/ PAROLE OFFICERS-SURVEILLANCE,
AND INSTRUCTORS
12 NCAC 09G .0301 CERTIFICATION OF
CORRECTIONAL OFFICERS, PROBATION/ PAROLE
OFFICERS, AND PROBATION/ PAROLE OFFICERS -
SURVEILLANCE
Every person employed as a correctional officer,
probation/ parole officer, or probation/ parole officer- surveillance
shall be certified as prescribed by these Rules. The Commission
shall certify an officer as either a probationary officer or general
officer based on the officer's qualifications and experience.
Authority G. S. 17C- 6; 17C- 10.
12 NCAC 09G .0302 NOTIFICATION OF CRIMINAL
CHARGES/ CONVICTIONS
( a) Every person employed and certified as a correctional
officer, probation/ parole officer, or probation/ parole officer-surveillance
shall notify the Standards Division of all criminal
offenses for which the officer is charged, arrested, pleads no
contest, pleads guilty, or of which the officer is found guilty.
Criminal offenses shall include all felony offenses and shall
specifically include those misdemeanor offenses delineated in 12
NCAC 09G .0102.
( b) The notifications required under this Subparagraph must be
in writing, must specify the nature of the offense, the court in
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
81
which the case was handled, the date of arrest or criminal
charge, the final disposition and the date thereof. The
notifications required under this Subparagraph must be received
by the Standards Division within 30 days of the date the case
was disposed of in court.
( c) The requirements of this Subparagraph shall be applicable at
all times during which the officer is certified by the Commission
and shall also apply to all applicants for certification.
( d) Officers required to notify the Standards Division under this
Subparagraph shall also make the same notification to their
employing or appointing executive officer within 20 days of the
date the case was disposed of in court. The executive officer,
provided he has knowledge of the officer's arrest( s), or criminal
charge( s), and final disposition( s), shall also notify the Standards
Division of all arrests or criminal convictions

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NORTH CAROLINA
REGISTER
Volume 16, Issue 2
Pages 52 - 193
July 16, 2001
This issue contains documents officially filed
through June 22, 2001.
Office of Administrative Hearings
Rules Division
424 North Blount Street ( 27601)
6714 Mail Service Center
Raleigh, NC 27699- 6714
( 919) 733- 2678
FAX ( 919) 733- 3462
Julian Mann III, Director
Camille Winston, Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Linda Dupree, Editorial Assistant
Dana Sholes, Editorial Assistant
Rhonda Wright, Editorial Assistant
IN THIS ISSUE
I. IN ADDITION
EMC - NPDES ............................................................... 53 - 54
ENR – Intent to Redevelop a Brownfields
Property - FHO Partners, LLC................................. 55
II. RULE- MAKING PROCEEDINGS
Environment and Natural Resources
Wildlife Resources Commission............................. 56 - 57
Health and Human Services
Blind, Commission for the........................................ 56
Justice
Criminal Justice Education & Training
Standards Commission........................................ 56
III. PROPOSED RULES
Environment and Natural Resources
Coastal Resources Commission............................... 110 - 152
Environmental Management .................................... 95 - 106
Health Services, Commission for............................ 152 - 159
Marine Fisheries Commission ................................. 106 - 110
Health and Human Services
Medical Assistance.................................................... 58 - 64
Justice
Criminal Justice Education & Training
Standards Commission........................................ 64 - 95
IV. TEMPORARY RULES
Health and Human Services
Blind, Commission for the........................................ 160 - 170
Medical Assistance.................................................... 170 - 176
Secretary of State
Uniform Commercial Code ...................................... 176 - 189
V. RULES REVIEW COMMISSION ......................... 190 - 191
VI. CONTESTED CASE DECISIONS
Index to ALJ Decisions................................................. 192 - 193
VII. CUMULATIVE INDEX............................................. 1 - 95
North Carolina Register is published semi- monthly for $ 195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC
27601. North Carolina Register ( ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to
the North Carolina Register, 6714 Mail Service Center, Raleigh, NC 27699- 6714.
NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM
The North Carolina Administrative Code ( NCAC) has four major subdivisions of rules. Two of these, titles and
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North
Carolina executive branch of government has been assigned a title number. Titles are further broken down into
chapters which shall be numerical in order. The other two, subchapters and sections are optional subdivisions to
be used by agencies when appropriate.
TITLE/ MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE
TITLE DEPARTMENT LICENSING BOARDS CHAPTER
1
2
3
4
5
6
7
8
9
10
11
12
13
14A
15A
16
17
18
19A
20
* 21
22
23
24
25
26
27
28
Administration
Agriculture
Auditor
Commerce
Correction
Council of State
Cultural Resources
Elections
Governor
Health and Human Services
Insurance
Justice
Labor
Crime Control & Public Safety
Environment and Natural Resources
Public Education
Revenue
Secretary of State
Transportation
Treasurer
Occupational Licensing Boards
Administrative Procedures ( Repealed)
Community Colleges
Independent Agencies
State Personnel
Administrative Hearings
NC State Bar
Juvenile Justice and Delinquency
Prevention
Acupuncture
Architecture
Athletic Trainer Examiners
Auctioneers
Barber Examiners
Certified Public Accountant Examiners
Chiropractic Examiners
Employee Assistance Professionals
General Contractors
Cosmetic Art Examiners
Dental Examiners
Dietetics/ Nutrition
Electrical Contractors
Electrolysis
Foresters
Geologists
Hearing Aid Dealers and Fitters
Landscape Architects
Landscape Contractors
Massage & Bodywork Therapy
Marital and Family Therapy
Medical Examiners
Midwifery Joint Committee
Mortuary Science
Nursing
Nursing Home Administrators
Occupational Therapists
Opticians
Optometry
Osteopathic Examination & Reg. ( Repealed)
Pastoral Counselors, Fee- Based Practicing
Pharmacy
Physical Therapy Examiners
Plumbing, Heating & Fire Sprinkler Contractors
Podiatry Examiners
Professional Counselors
Psychology Board
Professional Engineers & Land Surveyors
Real Estate Appraisal Board
Real Estate Commission
Refrigeration Examiners
Sanitarian Examiners
Social Work Certification
Soil Scientists
Speech & Language Pathologists & Audiologists
Substance Abuse Professionals
Therapeutic Recreation Certification
Veterinary Medical Board
1
2
3
4
6
8
10
11
12
14
16
17
18
19
20
21
22
26
28
30
31
32
33
34
36
37
38
40
42
44
45
46
48
50
52
53
54
56
57
58
60
62
63
69
64
68
65
66
Note: Title 21 contains the chapters of the various occupational licensing boards.
NORTH CAROLINA REGISTER
Publication Schedule for July 2000 – June 2001
Filing Deadlines
Notice of
Rule- Making
Proceedings
Notice of Text
Temporary
Rule
volume &
issue
number
issue date last day
for filing
earliest register
issue for
publication of
text
earliest
date for
public
hearing
end of
required
comment
period
deadline to
submit to RRC
for review at
next meeting
first legislative
day of the next
regular session
end of
required
comment
period
deadline to
submit to RRC
for review at
next meeting
first legislative
day of the next
regular session
270th day
from issue
date
15: 13 01/ 02/ 01 12/ 07/ 00 03/ 15/ 01 01/ 17/ 01 02/ 01/ 01 02/ 20/ 01 05/ 00/ 02 03/ 05/ 01 03/ 20/ 01 05/ 00/ 02 09/ 29/ 01
15: 14 01/ 16/ 01 12/ 20/ 00 04/ 02/ 01 01/ 31/ 01 02/ 15/ 01 02/ 20/ 01 05/ 00/ 02 03/ 19/ 01 03/ 20/ 01 05/ 00/ 02 10/ 13/ 01
15: 15 02/ 01/ 01 01/ 10/ 01 04/ 02/ 01 02/ 16/ 01 03/ 05/ 01 03/ 20/ 01 05/ 00/ 02 04/ 02/ 01 04/ 20/ 01 05/ 00/ 02 10/ 29/ 01
15: 16 02/ 15/ 01 01/ 25/ 01 05/ 01/ 01 03/ 02/ 01 03/ 19/ 01 03/ 20/ 01 05/ 00/ 02 04/ 16/ 01 04/ 20/ 01 05/ 00/ 02 11/ 12/ 01
15: 17 03/ 01/ 01 02/ 08/ 01 05/ 01/ 01 03/ 16/ 01 04/ 02/ 01 04/ 20/ 01 05/ 00/ 02 04/ 30/ 01 05/ 21/ 01 05/ 00/ 02 11/ 26/ 01
15: 18 03/ 15/ 01 02/ 22/ 01 05/ 15/ 01 03/ 30/ 01 04/ 16/ 01 04/ 20/ 01 05/ 00/ 02 05/ 14/ 01 05/ 21/ 01 05/ 00/ 02 12/ 10/ 01
15: 19 04/ 02/ 01 03/ 12/ 01 06/ 01/ 01 04/ 17/ 01 05/ 02/ 01 05/ 21/ 01 05/ 00/ 02 06/ 01/ 01 06/ 20/ 01 05/ 00/ 02 12/ 28/ 01
15: 20 04/ 16/ 01 03/ 26/ 01 06/ 15/ 01 05/ 01/ 01 05/ 16/ 01 05/ 21/ 01 05/ 00/ 02 06/ 15/ 01 06/ 20/ 01 05/ 00/ 02 01/ 11/ 02
15: 21 05/ 01/ 01 04/ 10/ 01 07/ 02/ 01 05/ 16/ 01 05/ 31/ 01 06/ 20/ 01 05/ 00/ 02 07/ 02/ 01 07/ 20/ 01 05/ 00/ 02 01/ 26/ 02
15: 22 05/ 15/ 01 04/ 24/ 01 07/ 16/ 01 05/ 30/ 01 06/ 14/ 01 06/ 20/ 01 05/ 00/ 02 07/ 16/ 01 07/ 20/ 01 05/ 00/ 02 02/ 09/ 02
15: 23 06/ 01/ 01 05/ 11/ 01 08/ 01/ 01 06/ 18/ 01 07/ 02/ 01 07/ 20/ 01 05/ 00/ 02 07/ 31/ 01 08/ 20/ 01 05/ 00/ 02 02/ 26/ 02
15: 24 06/ 15/ 01 05/ 25/ 01 08/ 15/ 01 07/ 02/ 01 07/ 16/ 01 07/ 20/ 01 05/ 00/ 02 08/ 14/ 01 08/ 20/ 01 05/ 00/ 02 03/ 12/ 02
16: 01 07/ 02/ 01 06/ 11/ 01 09/ 04/ 01 07/ 17/ 01 08/ 01/ 01 08/ 20/ 01 05/ 00/ 02 08/ 31/ 01 09/ 20/ 01 05/ 00/ 02 03/ 29/ 02
16: 02 07/ 16/ 01 06/ 22/ 01 09/ 17/ 01 07/ 31/ 01 08/ 15/ 01 08/ 20/ 01 05/ 00/ 02 09/ 14/ 01 09/ 20/ 01 05/ 00/ 02 04/ 12/ 02
16: 03 08/ 01/ 01 07/ 11/ 01 10/ 01/ 01 08/ 16/ 01 08/ 31/ 01 09/ 20/ 01 05/ 00/ 02 10/ 01/ 01 10/ 22/ 01 05/ 00/ 02 04/ 28/ 02
16: 04 08/ 15/ 01 07/ 25/ 01 10/ 15/ 01 08/ 30/ 01 09/ 14/ 01 09/ 20/ 01 05/ 00/ 02 10/ 15/ 01 10/ 22/ 01 05/ 00/ 02 05/ 12/ 02
16: 05 09/ 04/ 01 08/ 13/ 01 11/ 15/ 01 09/ 19/ 01 10/ 04/ 01 10/ 22/ 01 05/ 00/ 02 11/ 05/ 01 11/ 20/ 01 05/ 00/ 02 06/ 01/ 02
16: 06 09/ 17/ 01 08/ 24/ 01 12/ 03/ 01 10/ 02/ 01 10/ 17/ 01 10/ 22/ 01 05/ 00/ 02 11/ 16/ 01 11/ 20/ 01 05/ 00/ 02 06/ 14/ 02
16: 07 10/ 01/ 01 09/ 10/ 01 12/ 03/ 01 10/ 16/ 01 10/ 31/ 01 11/ 20/ 01 05/ 00/ 02 11/ 30/ 01 12/ 20/ 01 05/ 00/ 02 06/ 28/ 02
16: 08 10/ 15/ 01 09/ 24/ 01 12/ 17/ 01 10/ 30/ 01 11/ 14/ 01 11/ 20/ 01 05/ 00/ 02 12/ 14/ 01 12/ 20/ 01 05/ 00/ 02 07/ 12/ 02
16: 09 11/ 01/ 01 10/ 11/ 01 01/ 02/ 02 11/ 16/ 01 12/ 03/ 01 12/ 20/ 01 05/ 00/ 02 12/ 31/ 01 01/ 21/ 02 05/ 00/ 02 07/ 29/ 02
16: 10 11/ 15/ 01 10/ 24/ 01 01/ 15/ 02 11/ 30/ 01 12/ 17/ 01 12/ 20/ 01 05/ 00/ 02 01/ 14/ 02 01/ 21/ 02 05/ 00/ 02 08/ 12/ 02
16: 11 12/ 03/ 01 11/ 07/ 01 02/ 01/ 02 12/ 18/ 01 01/ 02/ 02 01/ 22/ 02 05/ 00/ 02 02/ 01/ 02 02/ 20/ 02 05/ 00/ 02 08/ 30/ 02
16: 12 12/ 17/ 01 11/ 26/ 01 02/ 15/ 02 01/ 02/ 02 01/ 16/ 02 01/ 22/ 02 05/ 00/ 02 02/ 15/ 02 02/ 20/ 02 05/ 00/ 02 09/ 13/ 02
non- substantial economic impact substantial economic impact
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling. Time is
computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be
published twice a month and contains the
following information submitted for
publication by a state agency:
( 1) temporary rules;
( 2) notices of rule- making proceed- ings;
( 3) text of proposed rules;
( 4) text of permanent rules approved by
the Rules Review Commission;
( 5) notices of receipt of a petition for
municipal incorporation, as required
by G. S. 120- 165;
( 6) Executive Orders of the Governor;
( 7) final decision letters from the U. S.
Attorney General concerning
changes in laws affecting voting in a
jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as
required by G. S. 120- 30.9H;
( 8) orders of the Tax Review Board
issued under G. S. 105- 241.2; and
( 9) other information the Codifier of
Rules determines to be helpful to the
public.
COMPUTING TIME: In computing time in
the schedule, the day of publication of the
North Carolina Register is not included.
The last day of the period so computed is
included, unless it is a Saturday, Sunday, or
State holiday, in which event the period
runs until the preceding day which is not a
Saturday, Sunday, or State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on
the first and fifteen of each month if the
first or fifteenth of the month is not a
Saturday, Sunday, or State holiday for
employees mandated by the State
Personnel Commission. If the first or
fifteenth of any month is a Saturday,
Sunday, or a holiday for State employees,
the North Carolina Register issue for that
day will be published on the day of that
month after the first or fifteenth that is not
a Saturday, Sunday, or holiday for State
employees.
LAST DAY FOR FILING: The last day for
filing for any issue is 15 days before the
issue date excluding Saturdays, Sundays,
and holidays for State employees.
NOTICE OF RULE- MAKING PROCEEDINGS
END OF COMMENT PERIOD TO A NOTICE OF
RULE- MAKING PROCEEDINGS: This date is 60
days from the issue date. An agency shall
accept comments on the notice of rule- making
proceeding until the text of the proposed rules
is published, and the text of the proposed rule
shall not be published until at least 60 days
after the notice of rule- making proceedings
was published.
EARLIEST REGISTER ISSUE FOR PUBLICATION
OF TEXT: The date of the next issue following
the end of the comment period.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING:
The hearing date shall be at least 15 days
after the date a notice of the hearing is
published.
END OF REQUIRED COMMENT PERIOD
( 1) RULE WITH NON- SUBSTANTIAL
ECONOMIC IMPACT: An agency shall
accept comments on the text of a proposed
rule for at least 30 days after the text is
published or until the date of any public
hearings held on the proposed rule,
whichever is longer.
( 2) RULE WITH SUBSTANTIAL
ECONOMIC IMPACT: An agency shall
accept comments on the text of a proposed
rule published in the Register and that has
a substantial economic impact requiring a
fiscal note under G. S. 150B- 21.4( b1) for
at least 60 days after publication or until
the date of any public hearing held on the
rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES
REVIEW COMMISSION: The Commission
shall review a rule submitted to it on or
before the twentieth of a month by the last
day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT
REGULAR SESSIO N OF THE GENERAL
ASSEMBLY: This date is the first
legislative day of the next regular session
of the General Assembly following
approval of the rule by the Rules Review
Commission. See G. S. 150B- 21.3,
Effective date of rules.
IN ADDITION
16: 02 NORTH CAROLINA REGISTER July 16, 2001
53
This Section contains public notices that are required to be published in the Register or have been approved by the Codifier of Rules
for publication.
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699- 1617
PUBLIC NOTICE OF INTENT TO ISSUE STATE GENERAL
NPDES PERMITS
Public notice of intent to issue or reissue expiring State National Pollutant Discharge Elimination System ( NPDES) General Permit for
Point Source Discharges of Wastewater associated with the following activities:
NPDES General Permit No. NCG510000 for treated wastewater from the remediation of groundwater contamination resulting from
gasoline, kerosene, diesel, fuel oil or jet fuel.
On the basis of preliminary staff review and application of Article 21 of Chapter 143 of the General Statutes of North Carolina, Public
Law 92- 500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to
reissue State NPDES General Permit for the discharges as described above.
INFORMATION: Copies of the draft NPDES General Permit and Fact Sheet concerning the draft Permit are available by writing or
calling:
Delonda Alexander
Water Quality Section
N. C. Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699- 1617
Telephone ( 919) 733- 5083 ext. 584
Persons wishing to comment upon or object to the proposed determinations are invited to submit their comments in writing to the
above address no later than August 15, 2001. All comments received prior to that date will be considered in the final determination
regarding permit issuance. A public meeting may be held where the Director of the Division of Water Quality finds a significant
degree of public interest in any proposed permit issuance. The draft Permits, Fact Sheets and other information are on file at the
Division of Water Quality, 512 N. Salisbury Street, Room 925, Archdale Building, Raleigh, North Carolina. They may be inspected
during normal office hours. Copies of the information of file are available upon request and payment of the costs of reproduction. All
such comments and requests regarding these matters should make reference to the draft Permit Number, NCG510000
Date: June 20, 2001 _______________________________________
( signed) Bradley Bennett
( for) Kerr T. Stevens, Director
IN ADDITION
16: 02 NORTH CAROLINA REGISTER July 16, 2001
54
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699- 1617
PUBLIC NOTICE OF INTENT TO ISSUE STATE GENERAL
NPDES PERMITS
Public notice of intent to issue or reissue expiring State National Pollutant Discharge Elimination System ( NPDES) General Permit for Point
Source Discharges of Stormwater associated with the following activities:
NPDES General Permit No. NCG010000 for stormwater point source discharges associated with construction activities including clearing,
grading and excavation activities resulting in the disturbance of land.
On the basis of preliminary staff review and application of Article 21 of Chapter 143 of the General Statutes of North Carolina, Public Law 92-
500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to reissue State NPDES
General Permit for the discharges as described above.
INFORMATION: Copies of the draft NPDES General Permit and Fact Sheet concerning the draft Permit are available by writing or calling:
William C. M ills, PE
Water Quality Section
N. C. Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699- 1617
Telephone ( 919) 733- 5083 ext. 548
Persons wishing to comment upon or object to the proposed determinations are invited to submit their comments in writing to the above address
no later than August 16, 2001. All comments received prior to that date will be considered in the final determination regarding permit issuance.
A public meeting may be held where the Director of the Division of Water Quality finds a significant degree of public interest in any proposed
permit issuance. The draft Permits, Fact Sheets and other information are on file at the Division of Water Quality, 512 N. Salisbury Street,
Room 925, Archdale Building, Raleigh, North Carolina. They may be inspected during normal office hours. Copies of the information of file
are available upon request and payment of the costs of reproduction. All such comments and requests regarding these matters should make
reference to the draft Permit Number, NCG010000
Date: July 16, 2001 _______________________________________
( signed) Bradley Bennett
` ( for) Kerr T. Stevens, Director
Division of Water Quality
IN ADDITION
16: 02 NORTH CAROLINA REGISTER July 16, 2001
55
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
FHO Partners, LLC
Pursuant to N. C. G. S. § 130A- 310.34, FHO Partners, LLC has filed with the North Carolina Department of Environment and
Natural Resources (" DENR") a Notice of Intent to Redevelop a Brownfields Property (" Property") in Oxford, Granville County, North
Carolina. The Property consists of 4.9152 acres and is located at 8 Industry Drive. Environmental contamination exists on the
Property in soil and groundwater. FHO Partners, LLC has committed itself to redevelop the Property as a manufacturing/ distribution
facility. The Notice of Intent to Redevelop a Brownfields Property includes: ( 1) a proposed Brownfields Agreement between DENR
and FHO Partners, LLC, which in turn includes ( a) a legal description of the Property, ( b) a map showing the location of the Property,
( c) a description of the contaminants involved and their concentrations in the media of the Property, ( d) the above- stated description of
the intended future use of the Property, and ( e) proposed investigation and remediation; and ( 2) a proposed Notice of Brownfields
Property prepared in accordance with G. S. 130A- 310.35. The full Notice of Intent to Redevelop a Brownfields Property may be
reviewed at the offices of the City of Oxford at 300 Williamsboro Street in that city by contacting Cheryl Hart, ( 919) 603- 1110, P. O.
Box 1307, Oxford, NC 27565; or at 401 Oberlin Rd., Raleigh, NC 27605 by contacting Scott Ross at that address, at
scott. ross@ ncmail. net, or at ( 919) 733- 2801, ext. 328. Written public comments may be submitted to DENR within 60 days of the
date of this Notice. Written requests for a public hearing may be submitted to DENR within 30 days of the date of this Notice. All
such comments and requests, and/ or requests to view the full Notice of Intent, should be addressed as follows:
Mr. Bruce Nicholson
Head, Special Remediation Branch
Superfund Section
Division of Waste Management
NC Department of Environmental and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
RULE- MAKING PROCEEDINGS
16: 02 NORTH CAROLINA REGISTER July 16, 2001
56
A Notice of Rule- making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency must
publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a rule.
Publication of a temporary rule serves as a Notice of Rule- making Proceedings and can be found in the Register under the
section heading of Temporary Rules. A Rule- making Agenda published by an agency serves as Rule- making Proceedings and can
be found in the Register under the section heading of Rule- making Agendas. Statutory reference: G. S. 150B- 21.2.
TITLE 10 – DEPARTMENT OF HEALTH AND HUMAN
SERVICES
CHAPTER 19 – SERVICES FOR THE BLIND
Notice of Rule- making Proceedings is hereby given by
Commission for the Blind in accordance with G. S. 150B- 21.2.
The agency shall subsequently publish in the Register the text of
the rule( s) it proposes to adopt as a result of this notice of rule-making
proceedings and any comments received on this notice.
Citation to Existing Rule Affected by this Rule- making: 10
NCAC 19. Other rules may be proposed in the course of the
rule- making process.
Authority for the Rule- making: G. S. 111- 28
Statement of the Subject Matter: To adopt, amend, or repeal
rules to conform to changes in the federal regulations, update
references and terminology, and update rules to current
practices.
Reason for Proposed Action: To adopt, amend, or repeal rules
to conform to changes in 34 C. F. R. 361.53, 54, 57, 48, 5, 42, 52.
To review rules that are affected by budget shortfalls. To review
rules for compliance with federal regulations, statutory
requirements, and current practices.
Comment Procedures: Written comments should be mailed to:
E. Ann Christian, P. O. Box 2455, Raleigh, NC 27602.
TITLE 12 – DEPARTMENT OF JUSTICE
CHAPTER 09 - CRIMINAL JUSTICE EDUCATION AND
TRAINING STANDARDS
Notice of Rule- making Proceedings is hereby given by NC
Criminal Justice Education & Training Standards Commission
in accordance with G. S. 150B- 21.2. The agency shall
subsequently publish in the Register the text of the rules it
proposes to adopt as a result of this notice of rule- making
proceedings and any comments received on this notice.
Citation to Existing Rule Affected by this Rule- making: 12
NCAC 09B .0102, .0203, .0205, .0215, .0233, 09D .0102, .0104,
.0105, .0204 - .0205. Other rules may be proposed in the course
of the rule- making process.
Authority for the Rule- making: G. S. 17C- 6; 17C- 10
Statement of the Subject Matter: Amendment that
Background Investigation Form must be used. Amendment of
requirement for admission to Instructor Training Course.
Amendment to rename a topic in BLET. Amendment to delete
reference to certain testing in Supplemental SMI Training.
Amendment increasing hours for Specialized Physical Fitness
Instructor required training. Amendments to the Professional
Certificate Program such that all Advanced Law Enforcement
Certificates will be the same. Amendment to clarify that
educational credits for the Professional Certificate Program
must be issued by specifically recognized institutions of higher
education.
Reason for Proposed Action: The NC Criminal Justice
Education & Training Standards Commission has authorized
rule- making authority to amend numerous administrative rules
in order to better define the minimum employment and training
standards that regulate the criminal justice officer profession in
the State, and to simplify and clarify requirements of the
Professional Certificate Program.
Comment Procedures: Written comments should be directed to
Elizabeth L. Thompson, Criminal Justice Standards Division,
Room G- 27, Old Education Building, 114 West Edenton Street,
P. O. Drawer 149, Raleigh, North Carolina 27602.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
CHAPTER 10 – WILDLIFE RESOURCES AND WATER
SAFETY
Notice of Rule- making Proceedings is hereby given by the
North Carolina Wildlife Resources Commission in accordance
with G. S. 150B- 21.2. The agency shall subsequently publish in
the Register the text of the rule( s) it proposes to adopt as a result
of this notice of rule- making proceedings and any comments
received on this notice.
Citation to Existing Rule Affected by this Rule- making: 15A
NCAC 10F; 10I; 10K - Other rules may be proposed in the
course of the rule- making process.
Authority for the Rule- making: G. S. 75A- 3; 75A- 15; 113-
134; 113- 270.1A; 113- 291.2; 113- 292; 113- 333
Statement of the Subject Matter:
15A NCAC 10F – No Wake Zone
15A NCAC 10I – Special Concern Species List
15A NCAC 10K – Hunter Safety Course
RULE- MAKING PROCEEDINGS
16: 02 NORTH CAROLINA REGISTER July 16, 2001
57
Reason for Proposed Action:
15A NCAC 10F – Local government is petitioning agency to
start rulemaking
15A NCAC 10I – To set/ amend regulations necessary to manage
and conserve wildlife resources in the State of North Carolina
15A NCAC 10K – To set/ amend regulations affecting the Hunter
Safety Program as necessary to fulfill requirements of G. S. 113-
270.1A, which requires the Wildlife Resources Commission to
institute and coordinate a statewide course of instruction in
hunter ethics, wildlife laws and regulations and competency and
safety in the handling of firearms.
Comment Procedures: The record will be open for receipt of
written comments and must be delivered or mailed to the North
Carolina Wildlife Resources Commission, 1701 Mail Service
Center, Raleigh, NC 27699- 1701.
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
58
This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a Notice of
Rule- making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the publication date,
or until the public hearing, or a later date if specified in the notice by the agency. The required comment period is 60 days for a
rule that has a substantial economic impact of at least five million dollars ($ 5,000,000). Statutory reference: G. S. 150B- 21.2.
TITLE 10 – DEPARTMENT OF HEALTH AND HUMAN
SERVICES
Notice is hereby given in accordance with G. S. 150B- 21.2 that
the DHHS – Division of Medical Assistance intends to amend
the rule cited as 10 NCAC 50B .0101; .0311; .0403; and
.0408. Notice of Rule- making Proceedings was published in
the Register on October 2, 2000.
Proposed Effective Date: August 1, 2002
Public Hearing:
Date: July 31, 2001
Time: 1: 00 pm
Location: 1985 Umstead Drive, Room 132, Kirby Bldg.,
Raleigh, NC
Reason for Proposed Action:
10 NCAC 50B .0101 and .0408 - Federal welfare reform
legislation changed the definition of mandatory coverage
groups for Family and children's related cases. AFDC/ Work
First recipients are no longer required to be automatically
eligible for Medicaid. Coverage is mandatory for individuals
who would have been eligible under rules in place July 16,
1996.
10 NCAC .0311 and .0403 – Methodologies for determining
countable resources for both categorically and medically
needy family and children's related cases are changed. The
new methodologies conform to Work First to maintain the link
between Work First and Medicaid.
Comment Procedures: Written comments concerning this
rule- making action must be submitted by August 16, 2001 to
Portia W. Rochelle, Rule- making coordinator, Division of
Medical Assistance, 1985 Umstead Drive, 2504 Mail Service,
Raleigh, NC 27699- 2504.
Fiscal Impact
State
Local
Substantive (>$ 5,000,000)
None
CHAPTER 50 – MEDICAL ASSISTANCE
SUBCHAPTER 50B – ELIGIBILITY DETERMINATION
SECTION .0100 – COVERAGE GROUPS
10 NCAC 50B .0101 MANDATORY
The following groups required by 42 U. S. C. 1396a ( a)( 10) or
1396u- 1shall be eligible for Medicaid:
( 1) Recipients receiving AFDC. Individuals who
meet the requirements under 42 U. S. C.
1396u- 1;
( 2) Deemed recipients of AFDC including: The
following individuals who meet the
requirements in Item ( 1) of this Rule but
who do not receive a cash payment:
( a) Individuals denied AFDC solely
because the payment amount would
be less than ten dollars ($ 10.00).
( b) Participants in AFDC work
supplementation programs
approved in the AFDC State Plan,
( b)( c) Individuals deemed to be AFDC
recipients for receiving four months
following termination of AFDC
due continued Medicaid when
eligibility under 42 U. S. C. 1396u- 1
is lost due to collection or increased
collection of child support,
( c)( d) Individuals receiving transitional
Medicaid as described in 42 U. S. C.
1396s when AFDC eligibility under
42 U. S. C. 1396u- 1is lost due to
increased earnings,
( d)( e) Individuals for whom an adoption
assistance agreement is in effect or
foster care maintenance payments
are being made under Title IV E of
the Social Security Act as
described at 42 U. S. C. 673 ( b).
( 3) Qualified pregnant women as defined at 42
U. S. C. 1396d( n)( 1).
( 4) Qualified children as defined at 42 U. S. C.
1396d( n)( 2).
( 5) Pregnant women, during a 60 day period
following termination of the pregnancy, for
pregnancy related and post partum services
if they applied for Medicaid prior to
termination of the pregnancy and were
eligible on the date pregnancy is terminated.
( 6) Children, born to a woman who was eligible
for and receiving Medicaid on the date of
the child's birth, for up to one year from the
date of birth; as described at 42 U. S. C.
1396a( e)( 4).
( 7) Individuals receiving SSI under Title XVI of
the Social Security Act.
( 8) Individuals who meet the requirements
under 42 U. S. C. 1382h( a) or ( b)( 1).
( 9) Blind or disabled individuals who were
eligible in December 1973 as blind or
disabled and who for each consecutive
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
59
month since December 1973 continue to
meet December 1973 eligibility criteria.
( 10) Individuals who were eligible in December
1973 as aged, or blind, or disabled with an
essential spouse and who, for each
consecutive month since December 1973,
continue to live with the essential spouse
and meet December 1973 eligibility criteria.
( 11) Individuals who in December 1973 were
eligible as the essential spouse of an aged, or
blind, or disabled individual and who for
each consecutive month since December
1973, have continued to live with that
individual who has met December 1973
eligibility criteria.
( 12) Qualified Medicare Beneficiaries described
at 42 U. S. C. 1396d( p).
( 13) Pregnant women whose countable income
does not exceed the percent of the income
official poverty line, established at 42
U. S. C. 1396a( 1)( 2), for pregnancy related
services including labor and delivery.
( 14) Children born after September 30, 1983 and
who are under age 19 who are described at
42 U. S. C. 1396a( 1).
( 15) Qualified Disabled and Working Individuals
described at 42 U. S. C. 1396d( s).
( 16) Individuals as described at 42 U. S. C.
1396a( a)( 10)( E)( iii).
( 17) Individuals who would continue to be
eligible for SSI except for specific Title II
benefits or cost- of- living adjustments as
described at 42 U. S. C. 1383c.
Authority G. S. 108A- 54; 42 U. S. C. 1396a( a)( 10);
42 U. S. C. 1396a( e)( 4); 42 U. S. C. 1396a( f);
42 C. F. R. 435.110; 42 C. F. R. 435.112; 42 C. F. R. 435.113;
42 C. F. R. 435.114; 42 C. F. R. 435.115; 42 C. F. R. 435.116;
42 C. F. R. 435.117; 42 C. F. R. 435.118; 42 C. F. R. 435.121;
42 C. F. R. 435.131; 42 C. F. R. 435.132; 42 C. F. R. 435.133.
10 NCAC 50B .0311 RESERVE
North Carolina has contracted with the Social Security
Administration under Section 1634 of the Social Security Act
to provide Medicaid to all SSI recipients. Resource eligibility
for individuals under any Aged, Blind, and Disabled coverage
group is determined based on standards and methodologies in
Title XVI of the Social Security Act except as specified in
Items ( 4) and ( 5) of this Rule. Applicants for and recipients of
Medicaid shall use their own resources to meet their needs for
living costs and medical care to the extent that such resources
can be made available. Certain resources shall be protected to
meet specific needs such as burial and transportation and a
limited amount of resources shall be protected for
emergencies.
( 1) The value of resources currently available to
any budget unit member shall be considered
in determining financial eligibility. A
resource shall be considered available when
it is actually available and when the budget
unit member has a legal interest in the
resource and he, or someone acting in his
behalf, can take any necessary action to
make it available.
( a) Resources shall be excluded in
determining financial eligibility
when the budget unit member
having a legal interest in the
resources is incompetent unless:
( i) A guardian of the estate, a
general guardian or an
interim guardian has been
lawfully appointed and is
able to act on behalf of his
ward in North Carolina
and in any state in which
such resources are located;
or
( ii) A durable power of
attorney, valid in North
Carolina and in any state
in which such resource is
located, has been granted
to a person who is
authorized and able to
exercise such power.
( b) When there is a guardian, an
interim guardian, or a person
holding a valid, durable power of
attorney for a budget unit member,
but such person is unable, fails, or
refuses to act promptly to make the
resources actually available to meet
the needs of the budget unit
member, a refe rral shall be made to
the county department of social
services for a determination of
whether the guardian or attorney in
fact is acting in the best interests of
the member and if not, the county
department of social services shall
contact the clerk of court for
intervention. The resources shall
be excluded in determining
financial eligibility pending action
by the clerk of court.
( c) When a Medicaid application is
filed on behalf of an individual
who:
( i) is alleged to be mentally
incompetent,
( ii) has or may have a legal
interest in a resource that
affects the individual's
eligibility, and
( iii) does not have a
representative with legal
authority to use or dispose
of the individual's
resources, the individual's
representative or family
member shall be
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
60
instructed to file within 30
calendar days a judicial
proceeding under G. S.
35A to declare the
individual incompetent
and appoint a guardian.
If the representative or
family member either fails
to file such a proceeding
within 30 calendar days or
fails to timely conclude
the proceeding, a referral
shall be made to the
services unit of the county
department of social
services for guardianship
services. If the allegation
of incompetence which
has lasted, or is expected
to last 30 consecutive days
or more, or until the
individual’s death, is
supported by competent
evidence, as specified in
Sub- item ( 1)( f) of this
Rule, the resources shall
be excluded beginning
with the date that such
evidence indicates that he
became incompetent,
except as provided in Sub-items
( 1)( d) or ( 1)( e) of
this Rule.
( d) The budget unit member's
resources shall be counted in
determining his eligibility for
Medicaid beginning the first day of
the month following the month a
guardian of the estate, general
guardian or interim guardian is
appointed, provided that after the
appointment, property which
cannot be disposed of or used
except by order of the court shall
continue to be excluded until
completion of the applicable
procedures for disposition specified
in G. S. 1 or G. S. 35A.
( e) When the court rules that the
budget unit member is competent
or no ruling is made because of the
death or recovery of the member,
his resources shall be counted
except for periods of time for
which it can be established by
competent evidence specified in
Sub- item ( 1)( f) of this Rule, that
the member was in fact
incompetent for at least 30
consecutive days, or until his death.
Any such showing of incompetence
is subject to rebuttal by competent
evidence as specified in Sub- item
( 1)( f) of this Rule.
( f) For purposes of this Rule,
competent evidence is limited to
the written statement or testimony
at a competency hearing of a
physician, psychologist, nurse, or
social worker with knowledge of
the condition of the individual, the
basis of that knowledge, the
beginning date of incompetence,
the reason the individual is
incompetent, and if no longer
incompetent, when the individual
recovered competence.
( 2) The limitation of resources held for reserve
for the budget unit shall be as follows:
( a) for Family and Children's related
categorically and medically needy
cases, three thousand dollars
($ 3,000.00) per budget unit;
( b) For Family and Children's related
medically needy cases, one
thousand five hundred dollars
($ 1500.00) for a budget unit of one
person, two thousand two hundred
fifty dollars ($ 2,250.00) for a
budget unit of two persons and
increases of one hundred dollars
($ 100.00) for each additional
person in the budget unit over two,
not to exceed a total of three
thousand, fifty dollars ($ 3,050.00);
( c)( b) for aged, blind, and disabled cases,
two thousand dollars ($ 2000.00)
for a budget unit of one and three
thousand dollars ($ 3000.00) for a
budget unit of two.
( 3) If the value of countable resources of the
budget unit exceeds the reserve allowance
for the unit, the case shall be ineligible:
( a) For Family and Children's related
cases and aged, blind or disabled
cases protected by grandfathered
provisions, and medically needy
cases not protected by
grandfathered provision, eligibility
shall begin on the day countable
resources are reduced to allowable
limits or excess income is spent
down, whichever occurs later;
( b) For categorically needy aged, blind
or disabled cases not protected by
grandfathered provisions, eligibility
shall begin no earlier than the
month countable resources are
reduced to allowable limits as of
the first moment of the first day of
the month.
PROPOSED RULES
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61
( 4) Resources counted in the determination of
financial eligibility for categorically needy
aged, blind and disabled cases, and
Qualified Medicare Beneficiaries, Specified
Low- Income Medicare Beneficiaries,
Qualifying Individual and Qualified
Disabled Working Individual cases is based
on resource standards and methodologies in
Title XVI of the Social Security Act except
for the following methodologies:
( a) The value of personal effects and
household goods are not counted.
( b) Value of tenancy in common
interest in real property is not
counted.
( c) Value of life estate interest in real
property is not counted.
( d) Value of burial plots are not
counted.
( e) The cash value of life insurance
when the total face value of all cash
value bearing life insurance
policies does not exceed ten
thousand dollars ($ 10,000.00) is
not counted.
( 5) Resources counted in the determination of
financial eligibility for medically needy
aged, blind and disabled cases is based on
resource standards and methodologies in
Title XVI of the Social Security Act except
for the following methodologies:
( a) The value of personal effects and
household goods are not counted.
( b) Personal property is not a countable
resource if it:
( i) is used in a trade or a
business; or
( ii) is used to produce goods
and services for personal
use; or
( iii) produces a net annual
income.
( c) Real property not exempted under
homesite rules is not a countable
resource if it:
( i) is used in a trade or
business; or
( ii) is used to produce goods
and services for personal
use; or
( iii) is non- business income
producing property that
produces net annual
income after operational
expenses of at least six
percent of equity value per
methodologies under Title
XVI of the Social Security
Act. For purposes of this
Sub- item equity of
agricultural land,
horticultural land, and
forestland is the present
use value of the land, as
defined by G. S.
105- 277.1A. et seq., less
the amount of debts, liens
or other encumbrances.
( d) Value of tenancy in common
interest in real property is not
counted.
( e) Value of life estate interest in real
property is not counted.
( f) Individuals with resources in
excess of the resource limit at the
first mo ment of the month may
become eligible at the point that
resources are reduced to the
allowable limit.
( g) Value of burial plots are not
counted.
( h) The cash value of life insurance
when the total face value of all cash
value bearing life insurance polities
does not exceed ten thousand
dollars ($ 10,000.00) is not counted.
( 6) Resources counted in the determination of
financial eligibility for categorically needy
Family and Children's related cases are:
( a) Cash on hand;
( b) The balance of savings accounts,
including savings of a student
saving his earnings for school
expenses;
( c) The balance of checking accounts
less the current monthly income
which had been deposited to meet
the budget unit's monthly needs
when reserve was verified;
( d) The portion of lump sum payments
remaining after the month of
receipt;
( e) Cash value of life insurance
policies owned by the budget unit;
( f) Revocable trust funds;
( g)( f) Stocks, bonds, mutual fund shares,
certificates of deposit and other
liquid assets;
( h) Negotiable and salable promissory
notes and loans;
( i) Revocable pre- paid burial
contracts;
( j)( g) Patient accounts in long term care
facilities;
( k) Individual Retirement Accounts or
other retirement accounts or plans;
( l)( h) Equity in non- essential personal
property limited to:
( i) Mobile homes not used as
home,
( ii) Boats, boat trailers and
boat motors,
PROPOSED RULES
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62
( iii) Campers,
( iv) Farm and business
equipment;
( v) Equity in vehicles in
excess of one thousand
five hundred dollars
($ 1,500.00) in one motor
vehicle per adult;
determined to be essential
under Rule .0403 of this
Subchapter;
( vi) Equity in motor vehicles
determined to be non-essential
under Rule .0403
of this Subchapter;
( m) Equity in real property is limited to
interest in real estate other than that
used as the budget unit’s homesite
and is limited to;
( i) Fee simple interest,
( ii) Tenancy by the entireties
interest only;
( iii) Salable remainder interest,
( iv) Value of burial plots;
( 7) Resources counted in the determination of
financial eligibility for medically needy
Family and Children's related cases are:
( a) Cash on hand;
( b) The balance of savings accounts,
including savings of a student
saving his earnings for school
expenses;
( c) The balance of checking accounts
less the currently current monthly
income which had been deposited
to meet the budget unit's monthly
needs when reserve was verified or
lump sum income from
self- employment deposited to pay
annual expenses;
( d) Cash value of life insurance
policies when the total face value
of all policies that accrue cash
value exceeds one thousand five
hundred dollars ($ 1,500.00);
( e) Trust funds;
( f)( e) Stocks, bonds, mutual fund shares,
certificates of deposit and other
liquid assets;
( g) Negotiable and salable promissory
notes and loans;
( h) Revocable prepaid burial contracts;
( i)( f) Patient accounts in long term care
facilities;
( j) Individual Retirement Accounts or
other retirement accounts or plans;
( k)( g) Equity in non- essential,
non- income producing personal
property limited to:
( i) Mobile home not used as
home,
( ii) Boats, boat trailers and
boat motors,
( iii) Campers,
( iv) Farm and business
equipment,
( v) Equity in motor vehicles
determined to be non
essential under Rule .0403
of this Subchapter; in
excess of one vehicle per
adult if not income-producing.
( l) Equity in real property is limited to
interest in real estate other than that
used as the budget unit’s homesite
and is limited to;
( i) Fee simple interest;
( ii) Tenancy by the entireties
interest only;
( iii) Salable remainder interest;
( iv) Value of burial plots.
Authority G. S. 108A- 54; 108A- 55; 108A- 58; 42 U. S. C.
703, 704 1396; 42 C. F. R. 435.121; 42 C. F. R. 435.210;
42 C. F. R. 435.711; 42 C. F. R. 435.712; 42 C. F. R. 435.734;
42 C. F. R. 435.823; 42 C. F. R. 435.840; 42 C. F. R. 435.841;
42 C. F. R. 435- 845; 42 C. F. R. 445.850; 42 C. F. R. 435.851;
45 C. F. R. 233.20; 45 C. F. R. 233.51.
10 NCAC 50B .0403 RESERVE
( a) The value of resources held by the client or by a
financially responsible person shall be considered available to
the client in determining countable reserve for the budget unit.
( b) Jointly owned resources shall be counted as follows:
( 1) The value of resources owned jointly with a
non- financially responsible person who is a
recipient of another public assistance budget
unit shall be divided equally between the
budget units;
( 2) The value of liquid assets and personal
property owned jointly with a
non- financially responsible person who is
not a client of another public assistance
budget unit shall be available to the budget
unit member if he can dispose of the
resource without the consent and
participation of the other owner or the other
owner consents to and, if necessary,
participates in the disposal of the resource;
( 3) The client's share of the value of real
property owned jointly with a
non- financially responsible person who is
not a member of another public assistance
budget unit shall be available to the budget
unit member if he can dispose of his share of
the resource without the consent and
participation of the other owner or the other
owner consents to and, if necessary,
participates in the disposal of the resource.
( c) The terms of a separation agreement, divorce decree, will,
deed or other legally binding agreement or legally binding
PROPOSED RULES
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63
order shall take precedence over ownership of resources as
stated in ( a) and ( b) of this Rule, except as provided in
Paragraph ( n) of this Rule.
( d) For all aged, blind, and disabled cases, the resource limit,
financial responsibility, and countable and non- countable
assets are based on standards and methodology in Title XVI of
the Social Security Act except as specified in Items ( 4) and ( 5)
in Rule .0311 of this Subchapter.
( e) Countable resources for Family and Children's related
cases shall be determined as follows:
( 1) The resources of a spouse, who is not a
stepparent, shall be counted in the budget
unit's reserve allowance if the spouses live
together or one spouse is temporarily absent
in long term care and the spouse is not a
member of another public assistance budget
unit;
( 2) The resources of a client and a financially
responsible parent or parents shall be
counted in the budget unit's reserve limit if
the parents live together or one parent is
temporarily absent in long term care and the
parent is not a member of another public
assistance budget unit;
( 3) The resources of the parent or parents shall
not be considered if a child under age 21
requires care and treatment in a medical
institution and his physician certifies that the
care and treatment are expected to exceed 12
months.
( f) The homesite Real property shall be excluded from
countable resources for Family and Children's related cases . as
follows:
( 1) The homesite is the client's principal place
of residence, which includes the house and
in the city the lot on which the house sits
and all the buildings on the lot, or in a rural
area the land on which the house sits, up to
one acre, and all buildings on the acre, and,
the homesite also includes up to twelve
thousand dollars ($ 12,000.00) tax value in
real property contiguous to the principal
place of residence, regardless of whether the
principal place of residence is owned by the
client.
( 2) Additional value in real property contiguous
to the principal place of residence shall be a
countable resource.
( g) For medically needy Families and Children cases if the
client or any member of the budget unit has ownership in a
probated estate, the value of the individual's proportionate
share of the countable property shall be a countable resource
unless the property can be excluded as the homesite or as
income producing property, as stated in Paragraphs ( e) and ( f)
of this Rule.
( h) For family and children's related cases the equity in
non- excluded real property shall be counted toward the
reserve level of the budget unit.
( i)( g) A One motor vehicle per adult shall be determined an
essential vehicle excluded for medically needy Family and
Children's related cases, when it must be specially equipped for
use by a handicapped individual, used to obtain regular
medical treatment, or used to retain employment.
( h) For medically needy family and children’s related
cases, income producing vehicles and personal property shall
be excluded from countable resources.
( j)( i) For family and children's related cases the value of
non- excluded motor vehicles is the Current Market Value, less
encumbrances. If the applicant/ recipient disagrees with the
assigned value, he has the right to rebut the value.
( k) For family and children's related cases the current market
value of a remainder interest in life estate shall be determined
by applying the remainder interest percentage from G. S. 8- 46
and 8- 47 to the tax value of the property. A lower current
market value for remainder interest may be established by
offering the interest for sale and the highest offer received, if
any, is less than the value determined by application of the
values chart to the tax value.
( l)( j) For a married individual:
( 1) Resources available to the individual are
available to his or her spouse who is a
noninstitutionalized applicant or recipient
and who is either living with the individual
or temporarily absent from the home,
irrespective of the terms of any will, deed,
contract, antenuptial agreement, or other
agreement, and irrespective of whether or
not the individual actually contributed the
resources to the applicant or recipient. All
resources available to an applicant or
recipient under this Section must be
considered when determining his or her
countable reserve.
( 2) For an institutionalized spouse as defined in
42 U. S. C. 1396r- 5( h), available resources
shall be determined in accordance with 42
U. S. C. 1396r- 5( c), except as specified in
Paragraph ( m) of this Rule.
( m)( k) For an institutionalized individual, the availability of
resources are determined in accordance with 42 U. S. C.
1396r- 5. Resources of the community spouse are not counted
for the institutionalized spouse when:
( 1) Resources of the community spouse cannot
be determined or cannot be made available
to the institutionalized spouse because the
community spouse cannot be located; or
( 2) The couple has been continuously separated
for 12 months at the time the
institutionalized spouse enters the
institution.
Authority G. S. 108A- 54; 108A- 55; S. L. 1983, c. 1116;
42 U. S. C. 1396r- 5; 42 U. S. C. 1396a( a)( 17);
42 U. S. C. 1396a( a)( 51); 42 C. F. R. 435.602;
42 C. F. R. 435.711; 42 C. F. R. 435.712; 42 C. F. R. 435.723;
42 C. F. R. 435.734; 42 C. F. R. 435.821; 42 C. F. R. 435.822;
42 C. F. R. 435.823; 42 C. F. R. 435.845; 45 C. F. R. 233.20;
45 C. F. R. 233.51;
Deficit Reduction Act of 1984 ( P. L. 98- 369), Section 2373;
Correll v. DSS/ DMA/ DHR, No. 406PA91 ( North Carolina
Supreme Court); Schweiker v. Gray Panthers, 453
U. S. 34, 101 S. Ct. 2633, 69 L. Ed. 2d 460 ( 1981).
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
64
10 NCAC 50B .0408 CLASSIFICATION
( a) The following individuals shall be classified as
categorically needy:
( 1) Individuals who receive cash payments
under programs of public
assistance; described in Item ( 1) of Rule
.0101 of this Subchapter.
( 2) Deemed recipients of SSI described in Item
( 17) of Rule .0101 of this Subchapter; and
individuals who are eligible for public
assistance cash payments but who choose
not to apply for cash payments;
( 3) Individuals Deemed recipients of AFDC
described in Sub- item ( 2)( b) of Rule .0101
of this Subchapter;
( 4) Pregnant women described in:
( A) Item ( 3) or ( 13) of Rule .0101 of
this Subchapter; or
( B) Sub- item ( 1)( d) of Rule .0102 of
this Subchapter.
( 5) Individuals under 21 described in:
( A) Item ( 4) or ( 14) of Rule .0101 of
this Subchapter;
( B) Sub- item ( 1)( a) of Rule .0102 of
this Subchapter; or
( C) Sub- item ( 1)( d) of Rule .0102 of
this Subchapter who meet the
eligibility requirements for
categorically needy in this
Subchapter.
( 6) Qualified Medicare Beneficiaries described
in Item ( 1) of Rule .0101 of this Subchapter;
( 7) Individuals described in Item ( 9), ( 10) or
( 11) of Rule .0101 of this Subchapter who
were receiving cash assistance payments in
December 1973;
( 8) Individuals described in Item ( 5) of Rule
.0101 of this Subchapter who were classified
categorically needy when pregnancy
terminated;
( 9) Individuals described in Item ( 6) of Rule
.0101 of this Subchapter whose mother is
classified as categorically needy;
( 10) Individuals described in Sub- item ( 1)( c) of
Rule .0102 of this Subchapter; or
( 11) Individuals described in Sub- item ( 1)( d) of
Rule .0102 of this Subchapter.
( b) The following individuals who are not eligible as
categorically needy and meet the requirements for medically
needy set forth in this Subchapter shall be classified medically
needy:
( 1) Pregnant women described in:
( A) Item ( 5) of Rule .0101 of this
Subchapter who were classified
medically needy when their
pregnancy terminated; or
( B) Sub- item ( 4)( b) of Rule .0102 of
this Subchapter;
( 2) Individuals under age 21;
( 3) Caretaker relatives of eligible dependent
children; or
( 4) Aged, blind or disabled individuals not
eligible for a public assistance cash
payment.
Authority G. S. 108A- 54; 42 C. F. R. 435.2; 42 C. F. R. 435.4.
TITLE 12 – DEPARTMENT OF JUSTICE
Notice is hereby given in accordance with G. S. 150B- 21.2 that
the NC Criminal Justice Education & Training Standards
Commission intends to adopt the rules cited as 12 NCAC 09G
.0101-. 0103; .0201-. 0206; .0301-. 0316; .0401-. 0416; .0501-
.0506; .0601-. 0606; .0701, amend the rules cited as 12 NCAC
09A .0103; 09B .0304; 09C .0205; .0207-. 0208, and repeal
the rules cited as 12 NCAC 09B .0107; .0109-. 0110; .0112-
.0113; .0115; .0206; .0208; .0216; .0223 and .0229-. 0231.
Notice of Rule- making Proceedings was published in the
Register on December 15, 2000.
Proposed Effective Date: August 1, 2002
Public Hearing:
Date: August 16, 2001
Time: 10: 00 a. m.
Location: North Carolina Justice Academy, Edneyville, NC
Reason for Proposed Action: Legislative mandate – S. L.
1999- 237, s. 18.14
Comment Procedures: Written comments should be directed
to Elizabeth L. Thompson, Criminal Justice Standards
Division, Room G- 27, Old Education Bldg, 114 W. Edenton
St., PO Drawer 149, Raleigh, NC 27602- 0149. Comments
will be accepted through August 16, 2001.
Fiscal Impact
State
Local
Substantive (>$ 5,000,000)
None
CHAPTER 09 – CRIMINAL JUSTICE EDUCATION
AND TRAINING STANDARDS
SUBCHAPTER 09A – CRIMINAL JUSTICE
EDUCATION AND TRAINING STANDARDS
COMMISSION
SECTION .0100 – COMMISSION ORGANIZATION
AND PROCEDURES
12 NCAC 09A .0103 DEFINITIONS
The following definitions apply throughout this
ChapterSubchapters 12 NCAC 09A through 12 NCAC 09F,
except as modified in 12 NCAC 09A .0107 for the purpose of
the Commission's rule- making and administrative hearing
procedures:
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
65
( 1) " Agency" or " Criminal Justice Agency"
means those state and local agencies
identified in G. S. 17C- 2( b).
( 2) " Alcohol Law Enforcement Agent" means a
law enforcement officer appointed by the
Secretary of Crime Control and Public
Safety as authorized by G. S. 18B- 500.
( 3) " Commission" means the North Carolina
Criminal Justice Education and Training
Standards Commission.
( 4) " Commission of an offense" means a finding
by the North Carolina Criminal Justice
Education and Training Standards
Commission or an administrative body that a
person performed the acts necessary to
satisfy the elements of a specified criminal
offense.
( 5) " Convicted" or " Conviction" means and
includes, for purposes of this Chapter, the
entry of:
( a) a plea of guilty;
( b) a verdict or finding of
guilt by a jury, judge,
magistrate, or other duly
constituted, established,
and recognized
adjudicating body,
tribunal, or official, either
civilian or military; or
( c) a plea of no contest, nolo
contendere, or the
equivalent.
( 6) " Correctional Officer" means any employee
of the North Carolina Department of
Correction who is responsible for the
custody or treatment of inmates.
( 7)( 6) " Criminal Justice Officer( s)" means those
officers identified in G. S. 17C- 2( c) and
further includesexcluding Correctional
officers, probation and parole intake
officers; Probation/ parole officers, and
Probation/ parole officers- surveillance
probation/ parole officers- surveillance;
probation/ parole intensive officers; and,
state parole case analysts.
( 8)( 7) " Criminal Justice System" means the whole
of the State and local criminal justice
agencies described in Item ( 1) of this Rule.
( 9) " Criminal Justice Training Points" means
points earned toward the Criminal Justice
Officers' Professional Certificate Program
by successful completion of
commission- approved criminal justice
training courses. Twenty classroom hours
of commission- approved criminal justice
training equals one criminal justice training
point.
( 10)( 8) " Department Head" means the chief
administrator of any criminal justice agency
and specifically includes any chief of police
or agency director. " Department Head" also
includes a designee formally appointed in
writing by the Department head.
( 11)( 9) " Director" means the Director of the
Criminal Justice Standards Division of the
North Carolina Department of Justice.
( 12)( 10) " Educational Points" means points earned
toward the Professional Certificate Programs
for studies satisfactorily completed for
semester hour or quarter hour credit at an
accredited institution of higher education.
Each semester hour of college credit equals
one educational point and each quarter hour
of college credit equals two- thirds of an
educational point.
( 13)( 11) " Enrolled" means that an individual is
currently actively participating in an
on- going formal presentation of a
Commission- accredited basic training
course which has not been concluded on the
day probationary certification expires. The
term " currently actively participating" as
used in this definition means:
( a) for law enforcement
officers, that the officer is
then attending an
approved course
presentation averaging a
minimum of twelve hours
of instruction each week;
and
( b) for Youth
ServicesDepartment of
Juvenile Justice and
Delinquency Prevention
and Department of
Correction personnel, that
the officer is then
attending the last or final
phase of the approved
training course necessary
for fully satisfying the
total course completion
requirements.
( 14)( 12) " High School" means graduation from a
high school that meets the compulsory
attendance requirements in the jurisdiction
in which the school is located.
( 15)( 13) " In- Service Training" means any and all
training prescribed in Subchapter 09E Rule
.0102 which must be satisfactorily
completed by all certified law enforcement
officers during each full calendar year of
certification.
( 16)( 14) " Lateral Transfer" means the employment of
a criminal justice officer, at any rank, by a
criminal justice agency, based upon the
officer's special qualifications or experience,
without following the usual selection
process established by the agency for basic
officer positions.
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
66
( 17)( 15) " Law Enforcement Code of Ethics" means
that code adopted by the Commission on
September 19, 1973, which reads: As a law
enforcement officer, my fundamental duty is
to serve the community; to safeguard lives
and property; to protect the innocent against
deception, the weak against oppression or
intimidation, and the peaceful against
violence or disorder; and to respect the
constitutional rights of all to liberty,
equality, and justice. I will keep my private
life unsullied as an example to all, and will
behave in a manner that does not bring
discredit to me or to my agency. I will
maintain courageous calm in the face of
danger, scorn, or ridicule; develop
self- restraint; and be constantly mindful of
the welfare of others. Honest in thought and
deed both in my personal and official life, I
will be exemplary in obeying the law and
the regulations of my department. Whatever
I see or hear of a confidential nature or that
is confided to me in my official capacity will
be kept ever secret unless revelation is
necessary in the performance of my duty. I
will never act officiously or permit personal
feelings, prejudices, political beliefs,
aspirations, animosities or friendships to
influence my decisions. With no
compromise for crime and with relentless
prosecution of criminals, I will enforce the
law courteously and appropriately without
fear or favor, malice or ill will, never
employing unnecessary force or violence
and never accepting gratuities. I recognize
the badge of my office as a symbol of public
faith, and I accept it as a public trust to be
held so long as I am true to the ethics of the
police service. I will never engage in acts or
corruption or bribery, nor will I condone
such acts by other police officers. I will
cooperate with all legally authorized
agencies and their representatives in the
pursuit of justice. I know that I alone am
responsible for my own standard of
professional performance and will take
every reasonable opportunity to enhance and
improve my level of knowledge and
competence. I will constantly strive to
achieve these objectives and ideals,
dedicating myself before God to my chosen
profession… law enforcement.
( 18)( 16) " Law Enforcement Officer" means an
appointee of a criminal justice agency or of
the State or of any political subdivision of
the State who, by virtue of his office, is
empowered to make arrests for violations of
the laws of this State. Specifically excluded
from this title are sheriffs and their sworn
appointees with arrest authority who are
governed by the provisions of Chapter 17E
of the General Statutes.
( 19)( 17) " Law Enforcement Training Points" means
points earned toward the Law Enforcement
Officers' Professional Certificate Program
by successful completion of
Commission- approved law enforcement
training courses. Twenty classroom hours
of Commission- approved law enforcement
training equals one law enforcement training
point.
( 20)( 18) " LIDAR" means a speed- measuring
instrument that electronically computes,
from transmitted infrared light pulses, the
speed of a vehicle under observation.
( 21)( 19) " Local Confinement Personnel" means any
officer, supervisor or administrator of a local
confinement facility in North Carolina as
defined in G. S. 153A- 217; any officer,
supervisor or administrator of a county
confinement facility in North Carolina as
defined in G. S. 153A- 218; or, any officer,
supervisor or administrator of a district
confinement facility in North Carolina as
defined in G. S. 153A- 219.
( 22)( 20) " Misdemeanor" means those criminal
offenses not classified under the laws,
statutes, or ordinances as felonies.
Misdemeanor offenses are classified by the
Commission as follows:
( a) " Class A Misdemeanor"
means a misdemeanor
committed or omitted in
violation of any common
law, duly enacted
ordinance or criminal
statute of this state which
is not classified as a Class
B Misdemeanor pursuant
to Sub- item ( 22)( b)
( 20)( b) of this Rule. Class
A Misdemeanor also
includes any act
committed or omitted in
violation of any common
law, duly enacted
ordinance, criminal
statute, or criminal traffic
code of any jurisdiction
other than North Carolina,
either civil or military, for
which the maximum
punishment allowable for
the designated offense
under the laws, statutes, or
ordinances of the
jurisdiction in which the
offense occurred includes
imprisonment for a term
of not more than six
months. Specifically
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
67
excluded from this
grouping of " Class A
Misdemeanor" criminal
offenses for jurisdictions
other than North Carolina,
are motor vehicle or traffic
offenses designated as
misdemeanors under the
laws of other jurisdictions,
or duly enacted ordinances
of an authorized
governmental entity with
the exception of the
offense of impaired
driving which is exp ressly
included herein as a Class
A Misdemeanor if the
offender could have been
sentenced for a term of not
more than six months.
Also specifically included
herein as a Class A
Misdemeanor is the
offense of impaired
driving, if the offender
was sentenced under
punishment level three
[ G. S. 20- 179( I)], level
four [ G. S. 20- 179( j)], or
level five [ G. S.
20- 179( k)]. Class A
Misdemeanor shall also
include acts committed or
omitted in North Carolina
prior to October 1, 1994 in
violation of any common
law, duly enacted
ordinance or criminal
statute, of this state for
which the maximum
punishment allowable for
the designated offense
included imprisonment for
a term of not more than
six months.
( b) " Class B Misdemeanor"
means an act committed or
omitted in violation of any
common law, criminal
statute, or criminal traffic
code of this state which is
classified as a Class B
Misdemeanor as set forth
in the Class B
Misdemeanor Manual as
published by the North
Carolina Department of
Justice which is hereby
incorporated by reference
and shall automatically
include any later
amendments and editions
of the incorporated
material as provided by
G. S. 150B- 21.6. Copies
of the publication may be
obtained from the North
Carolina Department of
Justice, Post Office Box
629, Raleigh, North
Carolina 27602. There is
no cost per manual at the
time of adoption of this
Rule. Class B
Misdemeanor also
includes any act
committed or omitted in
violation of any common
law, duly enacted
ordinance, criminal
statute, or criminal traffic
code of any jurisdiction
other than North Carolina,
either civil or military, for
which the maximum
punishment allowable for
the designated offense
under the laws, statutes, or
ordinances of the
jurisdiction in which the
offense occurred includes
imprisonment for a term
of more than six months
but not more than two
years. Specifically
excluded from this
grouping of " Class B
Misdemeanor" criminal
offenses for jurisdictions
other than North Carolina,
are motor vehicle or traffic
offenses designated as
being misdemeanors under
the laws of other
jurisdictions with the
following exceptions:
Class B Misdemeanor
does expressly include,
either first or subsequent
offenses of driving while
impaired if the maximum
allowable punishment is
for a term of more than six
months but not more than
two years, and driving
while license permanently
revoked or permanently
suspended. suspended, and
those traffic offenses
occurring in other
jurisdictions which are
comparable to the traffic
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
68
offenses specifically listed
in the Class B
Misdemeanor Manual.
" Class B Misdemeanor"
shall also include acts
committed or omitted in
North Carolina prior to
October 1, 1994 in
violation of any common
law, duly enacted
ordinance, criminal
statute, or criminal traffic
code of this state for
which the maximum
punishment allowable for
the designated offense
included imprisonment for
a term of more than six
months but not more than
two years.
( 23) " Parole Case Analyst" means an employee
of the North Carolina Department of
Correction who works under the supervision
of the North Carolina Parole Commission,
whose duties include analyzing and
processing cases under consideration for
parole, preparing and presenting parole
recommendations, analyzing and processing
executive clemency matters and
interviewing inmates.
( 24)( 21) " Pilot Courses" means those courses
developed consistent with the curriculum
development policy adopted by the
Commission on May 30, 1986. This policy
shall be administered by the Education and
Training Committee of the Commission
consistent with 12 NCAC 09C .0404.
( 25) " Probation/ Parole Officer" means an
employee of the Division of Adult Probation
and Parole whose duties include supervising,
evaluating, treating, or instructing offenders
placed on probation or parole or assigned to
any other community- based program
operated by the Division of Adult Probation
and Parole.
( 26) " Probation/ Parole Intake Officer" means an
employee of the Division of Adult Probation
and Parole, other than a regular
Probation/ Parole officer, whose duties
include conducting, preparing, or delivering
investigations, reports, and
recommendations, either before or after
sentencing, upon the request or referral of
the court, the Parole Commission, or the
Director of the Division of Adult Probation
and Parole.
( 27) " Probation/ Parole Intensive Officer" means
an employee of the Division of Adult
Probation and Parole other than a regular
probation/ parole officer, probation/ parole
intake officer, and probation/ parole
officer- surveillance who is duly sworn,
empowered with the authority of arrest and
is an authorized representative of the courts
of North Carolina and the Department of
Correction, Division of Adult Probation and
Parole, whose duties include supervising,
investigating, reporting, counseling, treating,
and surveillance of serious offenders in an
intensive probation and parole program
operated by the Division of Adult Probation
and Parole who serves as the lead officer in
such a unit.
( 28) " Probation/ Parole Officer - Surveillance"
means an employee of the Division of Adult
Probation and Parole other than a regular
probation/ parole and a probation/ parole
intake officer who is duly sworn,
empowered with the authority of arrest and
is an authorized representative of the courts
of North Carolina and the Department of
Correction, Division of Adult Probation and
Parole whose duties include supervising,
investigating, reporting, and surveillance of
serious offenders in an intensive probation
and parole program operated by the Division
of Adult Probation and Parole who is trained
in community corrections and law
enforcement techniques.
( 29)( 22) “ Qualified Assistant” means an additional
staff person designated as such by the
School Director to assist in the
administration of a course when an
accredited institution or agency assigns
additional responsibilities to the certified
School Director during the planning,
development, and implementation of an
accredited course.
( 30)( 23) " Radar" means a speed- measuring
instrument that transmits microwave energy
in the 10,500 to 10,550 MHZ frequency ( X)
band or transmits microwave energy in the
24,050 to 24,250 MHZ frequency ( K) band
and either of which operates in the
stationary and/ or moving mode. " Radar"
further means a speed- measuring instrument
that transmits microwave energy in the
33,400 to 36,000 MHZ ( Ka) band and
operates in either the stationary or moving
mode.
( 31)( 24) " Resident" means any youth committed to a
facility operated by the North Carolina
Division of Youth ServicesDepartment of
Juvenile Justice and Delinquency
Prevention.
( 32)( 25) " School" or " criminal justice school" means
an institution, college, university, academy,
or agency which offers criminal justice, law
enforcement, penal, correctional, or traffic
control and enforcement training for
criminal justice officers or law enforcement
officers. " School" includes the criminal
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
69
justice training course curriculum,
instructors, and facilities.
( 33)( 26) " School Director" means the person
designated by the sponsoring institution or
agency to administer the criminal justice
school.
( 34)( 27) " Speed- Measuring Instruments" ( SMI)
means those devices or systems, including
radar time - distance, and LIDAR, formally
approved and recognized under authority of
G. S. 17C- 6( a)( 13) for use in North Carolina
in determining the speed of a vehicle under
observation and particularly includes all
named devices or systems as specifically
referenced in the approved list of 12 NCAC
09C .0601.
( 35)( 28) " Standards Division" means the Criminal
Justice Standards Division of the North
Carolina Department of Justice.
( 36)( 29) " Time- Distance" means a speed- measuring
instrument that electronically computes,
from measurements of time and distance, the
average speed of a vehicle under
observation.
( 37)( 30) " State Youth Services Officer" means an
employee of the North Carolina Division of
Youth ServicesDepartment of Juvenile
Justice and Delinquency Prevention whose
duties include the evaluation, treatment,
instruction, or supervision of juveniles
committed to that agency.
Authority G. S. 17C- 2; 17C- 6; 17C- 10; 153A- 217.
SUBCHAPTER 09B – STANDARDS FOR CRIMINAL
JUSTICE EMPLOYMENT: EDUCATION: AND
TRAINING
SECTION .0100 – MINIMUM STANDARDS FOR
CRIMINAL JUSTICE EMPLOYMENT
12 NCAC 09B .0107 MINIMUM STANDARDS FOR
CORRECTIONAL OFFICERS
In addition to the requirements for criminal justice officers
contained in 12 NCAC 09B .0101 of this Section, every
correctional officer employed by an agency in North Carolina
shall: be a high school graduate or have passed the General
Education Development test indicating high school
equivalency.
( 1) not have committed or been convicted of a
felony; and
( 2) be a high school graduate or have passed the
General Educational Development Test
indicating high school equivalency. Note:
Although not presently required by these
Rules, the Commission recommends that on
the date of employment or within 24 months
thereafter, every candidate employed as a
correctional officer have no less than six
semester units or nine quarter units of
educational credit at an accredited institution
of higher education.
Authority G. S. 17C- 6.
12 NCAC 09B .0109 MINIMUM STANDARDS FOR
PROBATION/ PAROLE OFFICERS
In addition to the requirements for criminal justice officers
contained in 12 NCAC 19B . 0101 of this Section, every
probation/ parole officer employed by an agency in North
Carolina shall: be a graduate of an accredited college or
university and have attained at least the baccalaureate degree.
( 1) not have committed or been convicted of a
felony; and
( 2) be a graduate of an accredited college or
university, which is accepted by the
American Council on Education ( ACE) for
the Commission on Recognition of
Postsecondary Accreditation ( CORPA) as
accredited, and have attained at least the
baccalaureate degree.
Authority G. S. 17C- 6.
12 NCAC 09B .0110 MINIMUM STANDARDS FOR
PROBATION/ PAROLE INTAKE OFFICERS
In addition to the requirements for criminal justice officers
contained in 12 NCAC 09B .0101 of this Section, every
probation/ parole intake officer shall have attained the
associate degree or have satisfactorily completed at least 60
semester hours of educational credit or 90 quarter hours of
educational credit at an accredited technical institute, technical
college, community college, junior college, college, or
university.
( 1) not have committed or been convicted of a
felony; and
( 2) have attained the associate degree or have
satisfactorily completed at least 60 semester
hours of educational credit or 90 quarter
hours of educational credit at an accredited
technical institute, technical college,
community college, junior college, college,
or university, which is accepted by the
American Council on Education ( ACE) for
the Commission on Recognition of
Postsecondary Accreditation ( CORPA) as
accredited.
Authority G. S. 17C- 6.
12 NCAC 09B .0112 MINIMUM STANDARDS FOR
PAROLE CASE ANALYSTS
In addition to the requirements for criminal justice officers
contained in 12 NCAC 09B .0101 of this Section, every parole
case analyst employed by an agency in North Carolina shall be
a graduate of an accredited college or university and have
attained at least the baccalaureate degree.
( 1) not have committed or been convicted of a
felony; and
( 2) be a graduate of an accredited college or
university, which is accepted by the
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
70
American Council on Education ( ACE) for
the Commission on Recognition of
Postsecondary Accreditation ( CORPA) as
accredited, and have attained at least the
baccalaureate degree.
Authority G. S. 17C- 6.
12 NCAC 09B .0113 MINIMUM STANDARDS
PROBATION/ PAROLE OFFICERS- SURVEILLANCE
In addition to the requirements for criminal justice officers
contained in 12 NCAC 09B .0101 of this Section, every
probation/ parole officer- surveillance shall be a high school
graduate or have passed the General Educational Development
Test indicating high school equivalency.
( 1) not have committed or been convicted of a
felony; and
( 2) be a high school graduate or have passed the
General Educational Development Test
indicating high school equivalency.
Authority G. S. 17C- 6.
12 NCAC 09B .0115 MINIMUM STANDARDS
PROBATION/ PAROLE INTENSIVE OFFICER
In addition to the requirements for criminal justice officers
contained i n 12 NCAC 09B . 0 1 0 1 of this Section, every
probation/ parole intensive officer employed by an agency in
North Carolina shall be a graduate of an accredited college or
university and have attained at least the baccalaureate degree.
( 1) not have committed or been convicted of a
felony; and
( 2) be a graduate of an accredited college or
university, which is accepted by the
American Council on Education ( ACE) for
the Commission on Recognition of
Postsecondary Accreditation ( CORPA) as
accredited, and have attained at least the
baccalaureate degree.
Authority G. S. 17C- 6.
SECTION .0200 – MINIMUM STANDARDS FOR CRIMINAL JUSTICE SCHOOLS AND CRIMINAL JUSTICE
TRAINING PROGRAMS OR COURSES OF INSTRUCTION
12 NCAC 09B .0206 BASIC TRAINING - CORRECTIONAL OFFICERS
( a) The basic training course for correctional officers shall consist of a minimum of 160 hours of instruction designed to provide the
trainee with the skills and knowledge to perform those tasks essential to function as a correctional officer.
( b) Each basic training course for correctional officers shall include the following identified topic areas and minimum instructional
hours for each area:
( 1) The Division of Prisons Employee 2 Hours
( 2) Prison Security Functions and Procedures 4 Hours
( 3) Contraband and Techniques of Search 8 Hours
( 4) Inmate Supervision 8 Hours
( 5) Firearms 24 Hours
( 6) Inmate Classification Process and Programs 4 Hours
( 7) Understanding Inmate Behavior 12 Hours
( 8) Prison Emergency Operations 18 Hours
( 9) Radio Communications, Transporting, and Restraints 4 Hours
( 10) Basic Life Support 12 Hours
( 11) Prison Health Services 2 Hours
( 12) Report Writing 6 Hours
( 13) You and the Law 4 Hours
( 14) Interpersonal Communication Skills 16 Hours
( 15) Unarmed Self Defense 18 Hours
( 16) Role of the Correctional Witness 4 Hours
( 17) Disciplinary and Inmate Grievance Procedures 4 Hours
( 18) Administrative Matters, Review and Testing 10 Hours
_________
Total 160 Hours
( c) The " Basic Correction Officer Training Manual" as published by the Department of Correction is hereby incorporated by
reference, and shall automatically include any later amendments and editions of the incorporated material as provided by G. S. 150B-
21.6, shall be used as the basic curriculum for delivery of correctional officer basic training courses. Copies of this publication may be
inspected at the office of the agency:
The Office of Staff Development and Training
North Carolina Department of Correction
1001 Mountford Avenue
Raleigh, North Carolina 27626- 0540
and may be obtained from the Department of Correction for fifty dollars ($ 50.00) per copy.
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
71
( d) Commission- accredited schools that are accredited to offer the " Basic Training: Correctional Officers" course are: The Office of
Staff Development and Training of the North Carolina Department of Correction.
( e) Upon successful completion of a commission- accredited training course by correctional trainees, the director of the school
conducting such course shall notify the Commission of the satisfactory achievement of trainees by submitting a monthly Report of
Training Course Completion referenced in 12 NCAC 09C .0213.
Authority G. S. 17C- 6; 17C- 10.
12 NCAC 09B .0208 BASIC TRAINING - PROBATION/ PAROLE OFFICERS
( a) The basic training course for Probation/ Parole Officers and Intake Officers shall consist of a minimum of 160 hours of instruction
designed to provide the trainee with the skills and knowledge to perform those tasks essential to function as a probation/ parole or
intake officer.
( b) Each basic training course for Probation/ Parole Officers and Intake Officers shall include training in the following identified
topical areas:
( 1) Orientation to DAPP Organization, Policy, and Procedure 12
Hours
( 2) Legal Considerations for the Probation/ Parole Officer 20
Hours
to include as a minimum the following subject areas:
( A) Introduction to the Legal System
( B) Legalities of Pre - sentence & Pre- diagnostic Investigations
( C) Probation Law
( D) Parole Law
( 3) Officer- Probationer/ Parolee Relations 28
Hours
to include as a minimum the following subject areas:
( A) Understanding Probationer/ Parolee Behavior
( B) Counseling Methodologies
( C) Crisis Intervention and Domestic Disputes( D) Counseling Substance Abuse Cases
( E) Interview Techniques
( F) Probationer/ Parolee Supervision
( 4) Administrative and Probationer/ Parolee Management 32
Hours
to include as a minimum the following subject areas:
( A) Case Management
( B) Processing New Parole Cases
( C) Parole Violations and Revocations
( D) Community Resources Management
( E) Processing Probation Cases
( 5) Defensive Protection 30
Hours
to include as a minimum the following subject areas:
( A) Arrest Procedures
( B) Unarmed Self- Defense
( C) Personal Protection
( 6) Courtroom Preparation and Demeanor to include as a minimum the following subject areas: 8
Hours
( A) Public Speaking
( B) Role of the Probation/ Parole Witness
( C) Moot Court
( 7) Drug Identification 4
Hours
( 8) Basic Life Support 8
Hours
( 9) Physical Fitness Education 12
Hours
( 10) Administrative Matters, Review, and Testing 6
Hours
TOTAL 160 Hours
Authority G. S. 17C- 6; 17C- 10.
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
72
12 NCAC 09B .0216 BASIC TRAINING - PAROLE CASE ANALYSTS
( a) The basic training course for Parole Case Analysts shall consist of a minimum of 206 hours of specialized instruction designed to
provide the trainee with the skills and knowledge to perform those tasks essential to function as a parole case analyst.
( b) Each basic training course for Parole Case Analysts shall include training in the following identified topical areas; however, the
director is authorized to permit modification of the topical areas and minimum instructional hours, not inconsistent with a minimum of
206 hours of instruction, on an interim basis with such modifications to be submitted to the Standards Committee and the full
commission at their next regularly scheduled meeting:
( 1) Introduction: The Parole Case Analyst 44
Hours
( 2) Parole Analytical Process: File Development 16
Hours
( 3) Parole Analytical Process: Initial Review 55
Hours
( 4) Parole Analytical Process: Pre- Parole Field Investigation 16
Hours
( 5) Parole Analytical Process: Parole Case Analyst Recommendation 47
Hours
( 6) Special Programs 8
Hours
( 7) Processing Executive Clemency Cases 2
Hours
( 8) The Division of Adult Probation and Parole 18
Hours
Authority G. S. 17C- 6.
12 NCAC 09B .0223 BASIC TRAINING - PROBATION/ PAROLE OFFICERS - SURVEILLANCE
In addition to the requirements for Basic Training for Probation/ Parole Officers and Intake Officers contained in 12 NCAC 09B .0208
of this Section, every Probation/ Parole Officer- Surveillance shall complete a supplemental training course which shall include training
in the following identified topical areas and minimum instructional hours for each area:
( 1) Orientation to Intensive Operational Procedures 2 Hours
( 2) Firearms 30 Hours
( 3) Advanced Defensive Protection 22 Hours
to include as a minimum the following subject areas:
( a) Defensive Tactics
( b) Defensive Techniques with Flashlight
( c) Disarming and Weapons Retention
( d) Defensive Application of Chemical Aerosols
( 4) Officer- Probationer/ Parolee Relations 12 Hours
to include as a minimum the following subject areas:
( a) Interpersonal Communications
( b) Summary of Drug Use and Abuse
( c) Interview/ Investigation/ Surveillance
( 5) Advanced Arrest, Search and Seizure 8 Hours
( 6) DAPP Specialized Equipment Operations 4 Hours
( 7) Administrative Matters, Review, and Testing 4 Hours
Total 82 Hours
Authority G. S. 17C- 6.
12 NCAC 09B .0229 CORRECTIONS SPECIALIZED INSTRUCTOR TRAINING – FIREARMS
( a) The instructor training course requirement for corrections specialized firearms instructor certification shall consist of a minimum
of 80 hours of instruction presented during a continuous period of not more than two weeks or as approved by the Standards Division.
( b) Each corrections specialized firearms instructor training course shall be designed to provide the trainee with the skills and
knowledge to perform the function of a criminal justice firearms instructor in the " Basic Training-- Correctional Officer" course,
" Basic Training-- Probation/ Parole Officer- Surveillance" course, " Basic Training-- Probation/ Parole Intensive Officer" course, and
advanced ( in- service) training courses for correctional officers, extradition officers, PERT teams, and intensive supervision and
surveillance probation and parole officers.
( c) Each corrections specialized firearms instructor training course shall include as a minimum the following identified topical areas
and minimum instructional hours for each area:
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
73
( 1) Overview 3 Hours
( 2) Legal Considerations for Firearms Instructors 4 Hours
( 3) Firearms Safety 2 Hours
( 4) Range Operations 2 hours
( 5) Range Medical Emergencies 2 Hours
( 6) Revolver - Operation, Use and Maintenance 12 Hours
( 7) Advanced Revolver Training 6 Hours
( 8) Revolver Night Firing 4 Hours
( 9) Rifle Training and Qualification 8 Hours
( 10) Shotgun Training and Qualification 5- 1/ 2 Hours
( 11) Maintenance and Repair of Rifles and Shotguns 2 Hours
( 12) Special Techniques, Training Aids and Methods 3 Hours
( 13) Chemical Weapons 8 Hours
( 14) Situational Use of Firearms 10- 1/ 2 Hours
( 15) Day and Night Practical Courses of Fire 6 Hours
( 16) Administrative Matters, Testing, and Evaluation 2 Hours
( d) Commission- accredited schools that are accredited to offer the " Corrections Specialized Instructor Training - Firearms" course
are: The Office of Staff Development and Training of the North Carolina Department of Correction.
Authority G. S. 17C- 6.
12 NCAC 09B .0230 CORRECTIONS SPECIALIZED INSTRUCTOR TRA – UNARMED SELF- DEF
( a) The instructor training course requirement for corrections specialized unarmed self- defense instructor certification shall consist of
a minimum of 80 hours of instruction presented during a continuous period of not more than two weeks or as approved by the
Standards Division.
( b) Each corrections specialized unarmed self- defense instructor training course shall be designed to provide the trainee with the skills
and knowledge to perform the function of a criminal justice unarmed self- defense instructor in the " Basic Training-- Correctional
Officer" course, " Basic Training-- Probation/ Parole Officer- Surveillance" course, " Basic Training-- Probation/ Parole Intensive Officer"
course, and advanced ( in- service) training courses for correctional officers, extradition officers, PERT teams, intensive supervision
and surveillance probation/ parole officers, and all Division of Youth Services unarmed self- defense courses.
( c) Each corrections specialized unarmed self- defense instructor training course shall include as a minimum the following identified
topical areas and minimum instructional hours for each area:
( 1) Introduction to Unarmed Self- Defense 2 Hours
( 2) Basic Exercises, Techniques and Methods 12 Hours
( 3) Basic Come- Alongs and Control Techniques 14 Hours
( 4) Restraint Application 10 Hours
( 5) Instructional Methods/ Techniques 30 Hours
( 6) Program Evaluation 12 Hours
( d) Commission- accredited schools that are accredited to offer the " Corrections Specialized Instructor Training/ Unarmed Self-
Defense" course are: The Office of Staff Development and Training of the North Carolina Department of Correction.
Authority G. S. 17C- 6.
12 NCAC 09B .0231 BASIC TRAINING – PROBATION/ PAROLE INTENSIVE OFFICER
In addition to the requirements for Basic Training for Probation/ Parole Officers and Intake Officers contained in 12 NCAC 09B .0208
of this Section, every Probation/ Parole Intensive Officer shall complete a supplemental training course contained in 12 NCAC 09B
.0223 of this Section, and an Advanced Training Program which shall include training in the following identified topical areas and
minimum instructional hours for each area:
( 1) Working with Special Probationers/ Parolees 30 Hours
to include as a minimum the following subject areas:
( a) The Criminal Personality
( b) Substance Abuse Offender
( c) Violent/ Sexual Offender
( d) High Risk Probationers/ Parolees
( 2) Advanced Communication Skills 31 Hours
to include as a minimum the following subject areas:
( a) Active Listening
( b) Deception
( c) Assertiveness Training
( d) Supervision Styles
( e) Professional Speaking
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
74
( 3) Personal/ Professional Skills Development 32 Hours
to include as a minimum the following subject areas:
( a) Professional Ethics
( b) Time Management
( c) Stress Management
( d) Advanced Physical Fitness Education
( 4) Community Social Issues 22 Hours
to include as a minimum the following subject areas:
( a) Domestic and Family Violence
( b) Satanism/ Gangs
( c) Multi- Cultural Sensitivity and Awareness
( 5) Personal Protection 20 Hours
to include as a minimum the following subject areas:
( a) Search Practicum
( b) Practical Skills in Self- Defense
( c) Weapons Safety
( 6) Special Resource Programs for Probationers/ Parolees 8 Hours
( 7) Practical Skills for Testifying in Violation Hearings 4 Hours
( 8) Administrative Matters, Review, and Testing 7 Hours
Total 154 Hours
Authority G. S. 17C- 6.
SECTION .0300 – MINIMUM STANDARDS FOR
CRIMINAL JUSTICE INSTRUCTORS
12 NCAC 9B .0304 SPECIALIZED INSTRUCTOR
CERTIFICATION
( a) The Commission may issue a Specialized Instructor
Certification to an applicant who has developed specific
motor- skills and abilities by virtue of special training and
demonstrated experience in one or more of the following topical
areas:
( 1) Subject Control Arrest Techniques
( 2) First Responder
( 3) Firearms
( 4) Law Enforcement Driver Training
( 5) Physical Fitness
( 6) Firearms ( DOC)
( 7)( 6) Unarmed Self- Defense ( DOC/ DYS) ( DJJDP)
( 8)( 7) Medical Emergencies ( DJJDP)
( 9)( 8) Electrical and Hazardous Materials
Emergencies
( b) To qualify for Specialized Instructor Certification, with the
exception of the First Responder, Physical Fitness, Youth
ServicesDepartment of Juvenile Justice and Delinquency
Prevention Medical Emergencies, and Electrical and Hazardous
Materials Emergencies topical areas as outlined in Rule .0304
( d), ( e), ( f), and ( g) of this Section, an applicant must meet the
following requirements:
( 1) hold General Instructor Certification, either
probationary status or full general instructor
status, as specified in Rule .0303 of this
Section; and
( 2) successfully complete the pertinent
commission- approved specialized instructor
training course; and
( 3) obtain the recommendation of a
commission- recognized school director.
( c) To qualify for and ma intain any Specialized Instructor
Certification, an applicant must possess a valid CPR
Certification that included cognitive and skills testing.
( d) To qualify for Specialized Instructor Certification in the
First Responder topical area, an applicant is not required to meet
the standards for issuance of General Instructor Certification, but
must qualify through one of the following two options:
( 1) The first option is:
( A) hold current CPR instructor
certification through either the
American Red Cross or the American
Heart Association; and
( B) hold current basic Emergency
Medical Technician certification; and
( C) have successfully completed the
Department of Transportation's 40
hour EMT Instructor Course or
equivalent within the last three years
or hold a current North Carolina
teaching certificate.
( 2) The second option is:
( A) hold General Instructor Certification,
either probationary status or full
general instructor status, as specified
in Rule .0303 of this Section; and
( B) hold current CPR instructor
certification through either the
American Red Cross or the American
Heart Association; and
( C) hold current basic EMT certification.
( e) To qualify for Specialized Instructor Certification in the
Physical Fitness topical area, an applicant may become certified
through one of the following two methods:
( 1) The first method is:
( A) hold General Instructor Certification,
either probationary status or full
general instructor status, as specified
in Rule .0303 of this Section; and
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
75
( B) successfully complete the pertinent
commission- approvedCommission-approved
specialized instructor
training course; and
( C) obtain the recommendation of a
commission- recognizedCommission-recognized
schoolSchool
directorDirector.
( 2) The second method is:
( A) successfully complete the pertinent
commission- approvedCommission-approved
specialized instructor
training course; and
( B) obtain the recommendation of a
commission- recognizedCommission-recognized
schoolSchool
directorDirector; and
( C) in addition to the requirements of
both ( 2), items ( A) and ( B) of this
RuleSubparagraph, the applicant must
meet one of the following
qualifications:
( i) hold a current and valid
North Carolina Teacher's
Certificate and hold a
minimum of a baccalaureate
degree in physical education
and be actively teaching in
physical education topics; or
( ii) be presently instructing
physical education topics in
a community college,
college or university and
hold a minimum of a
baccalaureate degree in
physical education.
( f) To qualify for Specialized Instructor Certification in the
Electrical and Hazardous Materials Emergencies topical area, an
applicant is not required to meet the standards for issuance of
General Instructor Certification, but must qualify through one of
the following two options:
( 1) The first option is:
( A) hold current instructor certification as
a First Responder Awareness Level
Hazardous Materials instructor; and
( B) have successfully completed the Fire
Service Instructor Methodology
Course or the equivalent utilizing the
Instructional Systems Design model,
an international model with
applications in education, military
training, and private enterprise.
( 2) The second option is:
( A) hold General Instructor Certification,
either probationary status or full
general instructor status, as specified
in Rule .0303 of this Section; and
( B) have successfully completed a First
Responder Awareness Level
Hazardous Materials course.
( g) To qualify for Specialized Instructor Certification in the
State Youth ServicesDepartment of Juvenile Justice and
Delinquency Prevention Medical Emergencies topical area, an
applicant is not required to meet the standards for issuance of
General Instructor Certification, but must qualify in the
following manner:
( 1) have successfully completed a
commission- accredited basic instructor
training course or an equivalent instructor
training course utilizing the Instructional
Systems Design model, an international model
with applications in education, military
training, and private enterprise, within the 12
month period preceding application; and
( 2) hold current instructor certification in CPR and
First Aid by fulfillment of the American Red
Cross Instructor requirements.
Authority G. S. 17C- 6.
SUBCHAPTER 09C – ADMINISTRATION OF CRIMINAL
JUSTICE EDUCATION AND TRAINING STANDARDS
SECTION .0200 - FORMS
12 NCAC 09C .0205 REPORT OF APPOINTMENT
The Report of Appointment appears in two versions: one is for
law enforcement officers, and one is for correctional personnel.
Each form is used for reporting the appointment of criminal
justice officers and indicating the applicant's progress toward
completing the requirements for certification.
Authority G. S. 17C- 6; 150B- 11.
12 NCAC 09C .0207 APPLICATION FOR AWARD OF
PROFESSIONAL CERTIFICATE
The Application For Award of Law Enforcement Certificate,
requests information regarding the education, training, and
experience qualifying the applicant for various levels of
certification under the Law Enforcement Officers' Professional
Certificate Program. The Application For Award of Criminal
Justice Certificate, requests information regarding the education,
training, and experience qualifying the State Youth Services
officer/ applicant for various levels of certification under the
Criminal Justice Officers' Professional Certificate Program.
Authority G. S. 17C- 6; 150B- 11.
12 NCAC 09C .0208 REPORT OF SEPARATION
The Report of Separation, is used for reporting the date of and
reason for the separation of a criminal justice office from the
employing agency. Two versions of the form are used; one for
criminal justice officers, and one for correctional officers.
Authority G. S. 17C- 6; 150B- 11.
SUBCHAPTER 09G - STANDARDS FOR CORRECTIONS
EMPLOYMENT, TRAINING, AND CERTIFICATION
SECTION .0100 - SCOPE, APPLICABILITY, AND
DEFINITIONS
PROPOSED RULES
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76
12 NCAC 09G .0101 SCOPE AND APPLICABILITY
OF SUBCHAPTER
This Subchapter governs the implementation of minimum
standards for employment, training, and certification of three
classes of corrections officers: correctional officers,
probation/ parole officers, and probation/ parole officers-surveillance
as well as the standards for corrections schools and
the state corrections certificate program. Definitions and
procedures contained within 12 NCAC 09, Subchapters A- F do
not apply to these classes of corrections officers, unless
specifically referenced; only rules specifically included in
Subchapter 09G apply to these employees of the North Carolina
Department of Correction.
Authority G. S. 17C- 1; 17C- 6; S. L. 1999, c. 200, s. 67- 17.3a.
12 NCAC 09G .0102 DEFINITIONS
The following definit ions apply throughout this Subchapter only:
( 1) " Commission" means the North Carolina
Criminal Justice Education and Training
Standards Commission.
( 2) " Commission of an offense" means a finding
by the North Carolina Criminal Justice
Education and Training Standards
Commission or an administrative body that a
person performed the acts necessary to satisfy
the elements of a specified offense.
( 3) " Convicted" or " Conviction" means and
includes, for purposes of this Subchapter, the
entry of:
( a) a plea of guilty;
( b) a verdict or finding of guilt by a jury,
judge, magistrate, or other duly
constituted, established, and
recognized adjudicating body,
tribunal, or official, either civilian or
military; or
( c) a plea of no contest, nolo contendere,
or the equivalent.
( 4) " Correctional Officer" means an employee of
the North Carolina Department of Correction,
Division of Prisons, responsible for the
custody of inmates or offenders.
( 5) " Corrections Officer" means any or all of the
three classes of officers employed by the
North Carolina Department of Correction;
correctional officer; probation/ parole officer;
and probation/ parole officer- surveillance.
( 6) " Criminal Justice System" means the whole of
the State and local criminal justice agencies
including the North Carolina Department of
Correction.
( 7) " Director" means the Director of the Criminal
Justice Standards Division of the North
Carolina Department of Justice.
( 8) " Educational Points" means points earned
toward the State Correction Officers'
Professional Certificate Program for studies
satisfactorily completed for semester hour or
quarter hour credit at an accredited institution
of higher education. Each semester hour of
college credit equals one educational point and
each quarter hour of college credit equals
two- thirds of an educational point.
( 9) " High School" means graduation from a high
school that meets the compulsory attendance
requirements in the jurisdiction in which the
school is located.
( 10) " Misdemeanor" for corrections officers means
those criminal offenses not classified under the
laws, statutes, or ordinances as felonies.
Misdemeanor offenses for corrections officers
are classified by the Commission as follows:
( a) 14- 2.5 Punishment for
attempt ( offenses that are Class A- 1
misdemeanor);
( b) 14- 27.7 Intercourse and
sexual offenses with certain victims
( If definition is school personnel
other than a teacher, school
administrator, student teacher or
coach);
( c) 14- 32.1( f) Assault on
handicapped persons;
( d) 14- 32.2( b)( 4) Patient abuse and
neglect, punishments;
( e) 14- 32.3( c) Exploitation by
caretaker of disabled/ elder adult in
domestic setting; resulting in loss of
< one thousand dollars ($ l000.00);
( f) 14- 33( b)( 9) Assault, battery
against sports official;
( g) 14- 33( c) Assault, battery
with circumstances;
( h) 14- 34 Assault by pointing
a gun;
( i) 14- 34.6( a) Assault on
Emergency Personnel;
( j) 14- 54 B or E into
buildings generally ( 14- 54( b));
( k) 14- 72 Larceny of
prop./ rec'g. stolen goods etc.; < one
thousand dollars ($ 1000.00) ( 14-
72( a)) 14- 72.1 Concealment of
merchandise ( 14- 72.1( e); 3rd
offense);
( l) 14- 76 Larceny,
mutilation, or destruction of public
records/ papers;
( m) CH 14 Art. 19A False/ fraudulent use
of credit device ( 14- 113.6);
( n) CH 14 Art. 19B Financial
transaction card crime ( 14- 113.17( a ));
( o) 14- 114( a) Fraudulent disposal
of prop./ security interest;
( p) 14- 118 Blackmailing;
( q) 14- 118.2Obtaining academic credit
by fraudulent means ( 14- 118.2( b));
( r) 14- 122.1Falsifying documents issued
by a school ( 14- 122.1( c));
PROPOSED RULES
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77
( s) 14- 127 Willful and wanton
injury to real property;
( t) 14- 160 Willful and wanton
injury to personal property > two
hundred dollars ($ 200.00) ( 14-
160( b));
( u) 14- 190.5Preparation of obscene
photographs;
( v) 14- 190.9Indecent Exposure;
( w) 14- 190.14 Displaying material
harmful to minors ( 14- 190.14( b));
( x) 14- 190.15 Disseminating
harmful material to minors ( 14-
190.15( d));
( y) 14- 202.2Indecent liberties between
children;
( z) 14- 202.4Taking indecent liberties
with a student;
( aa) 14- 204 Prostitution ( 14-
207; 14- 208);
( bb) 14- 223 Resisting officers;
( cc) 14- 225 False, etc., reports
to law enforcement agencies or
officers;
( dd) 14- 230 Willfully failing to
discharge duties;
( ee) 14- 231 Failing to make
reports and discharge other duties;
( ff) 14- 232 Swearing falsely to
official records;
( gg) 14- 239 Allowing prisoners
to escape punishment;
( hh) 14- 255 Escape of working
prisoners from custody;
( ii) 14- 256 Prison breach and
escape;
( jj) 14- 258.1( b) Furnishing certain
contraband to inmates;
( kk) 14- 259 Harboring or aiding
certain persons;
( ll) CH 14 Art. 34 Persuading inmates
to escape; harboring fugitives ( 14-
268);
( mm) 14- 269.2Weapons on campus or other
educational property ( 14- 269.2( d), ( e)
& ( f));
( nn) 14- 269.3( a) Weapons where
alcoholic beverages are sold and
consumed;
( oo) 14- 269.4Weapons on state property
and in courthouses;
( pp) 14- 269.6Possession and sale of
spring- loaded projectile knives
prohibited ( 14- 269.6( b));
( qq) 14- 277 Impersonation of a
law- enforcement or other public
officer verbally, by displaying a
badge or insignia, or by operating a
red light ( 14- 277 ( d1)& ( e));
( rr) 14- 277.2( a) Weapons at
parades, etc., prohibited;
( ss) 14- 277.3Stalking ( 14- 277.3( b));
( tt) CH 14 Art. 36A Riot ( 14- 288.2( b));
( uu) CH 14 Art. 36A Inciting to riot ( 14-
288.2( d));
( vv) CH 14 Art. 36A Looting;
trespassing during emergency ( 14-
288.6( a));
( ww) CH 14 Art. 36A Transporting
weapon or substance during
emergency ( 14- 288.7( c));
( xx) CH 14 Art. 36A Assault on
emergency personnel; punishments
( 14- 288.9( c));
( yy) 14- 315( a) Selling or giving
weapons to minors;
( zz) 14- 315.1Storage of firearms to
protect minors;
( aaa) 14- 316.1Contributing to delinquency;
( bbb) 14- 318.2Child abuse;
( ccc) 14- 360 Cruelty to animals;
( ddd) 14- 361 Instigating or
promoting cruelty to animals;
( eee) 14- 401.14 Ethnic intimidation;
teaching any technique to be used for
( 14- 401.14( a) and ( b));
( fff) 14- 454( a) or ( b) Accessing
computers;
( ggg) 14- 458 Computer trespass
( Damage < two thousand five hundred
dollars ($ 2500.00);
( hhh) 15A- 266.11 Unauthorized use
of DNA databank; willful disclosure
( 15A- 266.11( a) and ( b));
( iii) 15A- 287 Interception and
disclosure of wire etc.
communications;
( jjj) 15B- 7( b) Filing false or
fraudulent application for
compensation award;
( kkk) 18B- 902( c) False statements in
application for ABC permit ( 18B-
102( b));
( lll) 20- 37.8 Fraudulent use of a
fictitious name for a special
identification card ( 20- 37.8( b));
( mmm) 20- 102.1False report of theft or
conversion of a motor vehicle;
( nnn) 20- 111( 5) Fictitious name or
address in application for registration;
( ooo) 20- 130.1Use of red or blue lights on
vehicles prohibited ( 20- 130.1( e));
( ppp) 20- 137.2Operation of vehicles
resembling law- enforcement vehicles
( 20- 137.2( b));
( qqq) 20- 138.1Driving while impaired
( punishment level 1; 20- 179( g) or 2
( 20- 179( h));
( rrr) 20- 138.2Impaired driving in
commercial vehicle ( 20- 138.2( e));
( sss) 20- 141.5( a) Speeding to elude
arrest;
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
78
( ttt) 20- 166( b) Duty to stop in
event of accident or collision;
( uuu) 20- 166( c) Duty to stop in
event of accident or collision;
( vvv) 20- 166( c1) Duty to stop in
event of accident or collision;
( www) 50B- 4.1 Knowingly
violating valid protective order;
( xxx) 58- 33- 105 False statement in
applications for insurance;
( yyy) 58- 81- 5 Careless or
negligent setting of fires;
( zzz) 62A- 12 Misuse of 911
system;
( aaaa) 90- 95( d)( 2) Possession of
schedule II, III, IV;
( bbbb) 90- 95( d)( 3) Possession of
Schedule V;
( cccc) 90- 95( d)( 4) Possession of
Schedule VI ( when punishable as
Class 1 misdemeanor);
( dddd) 90- 95( e)( 4) Conviction of 2 or
more violations of Art. 5;
( eeee) 90- 95( e)( 7) Conviction of 2 or
more violations of Art. 5;
( ffff) 90- 113.22 Possession of drug
paraphernalia ( 90- 113.22( b));
( gggg) 90- 113.23 Manufacture or
delivery of drug paraphernalia ( 90-
113.23( c));
( hhhh) 97- 88.2( a) Misrepresentation
to get worker's compensation
payment;
( iiii) 108A- 39( a) Fraudulent
misrepresentation of public
assistance;
( jjjj) 108A- 53 Fraudulent
misrepresentation of foster care and
adoption assistance payments;
( kkkk) 108A- 64( a) Medical assistance
recipient fraud; four hundred dollars
($ 400.00) ( 108- 64( c)( 2));
( llll) 108A- 80 Recipient check
register/ list of all recipients of AFDC
and state- county special assistance
( 108A - 80( b));
( mmmm) 108A- 80 Recipient check
register/ list of all recipients of AFDC
and state- county special assistance;
political mailing list ( 108A- 80( c));
( nnnn) 113- 290.1( a)( 2) Criminally
negligent hunting; no bodily
disfigurement;
( oooo) 113- 290.1( a)( 3) Criminally
negligent hunting; bodily
disfigurement;
( pppp) 113- 290.1( a)( 4) Criminally
negligent hunting; death results;
( qqqq) 113- 290.1( d) Criminally
negligent hunting; person
convicted/ suspended license;
( rrrr) 143- 58.1( a) Use of public
purchase or contract for private
benefit ( 143- 58.1( c));
( ssss) 147C- 3 Aiding escapes from an
institution or youth services;
( tttt) 148- 45( d) Aiding escape or
attempted escape from prison;
( uuuu) 162- 55 Injury to prisoner by jailer;
( vvvv) Common- Law misdemeanors:
( i) Going Armed to the Terror
of the People;
( ii) Common- Law Mayhem;
( iii) False Imprisonment;
( iv) Common- Law Robbery;
( v) Common- Law Forgery;
( vi) Common- Law Uttering of
Forged paper;
( vii) Forcible Trespass;
( viii) Unlawful Assembly;
( ix) Common- Law Obstruction
of Justice; and
( wwww) Those offenses occurring in
other jurisdictions which are
comparable to the offenses
specifically listed in ( a) through
( vvvv) of this Rule.
( 11) " Pilot Courses" means those courses
developed consistent with the curriculum
development policy adopted by the
Commission on May 30, 1986. This policy
shall be administered by the Education and
Training Committee of the Commission
consistent with 12 NCAC 09G .0404.
( 12) " Probation/ Parole Officer" means an employee
of the North Carolina Department of
Correction, Division of Community
Corrections, whose duties include supervising,
evaluating, or otherwise instructing offenders
placed on probation, parole, post release
supervision, or assigned to any other
community- based program operated by the
Division of Community Corrections.
( 13) " Probation/ Parole Officer- Surveillance" means
an employee of the North Carolina Department
of Correction, Division of Community
Corrections, other than a regular
probation/ parole officer who is trained in
corrections techniques, and is an authorized
representative of the courts of North Carolina
and the Department of Correction, Division of
Community Corrections, whose duties include
supervising, investigating, reporting, and
surveillance of serious offenders in an
intensive probation, parole, or post release
supervision program operated by the Division
of Community Corrections.
( 14) " Qualified Assistant" means an additional staff
person designated as such by the School
Director to assist in the administration of a
course when an accredited institution or
agency assigns additional responsibilities to
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
79
the certified School Director during the
planning, development, and implementation of
an accredited course.
( 15) " School" means an institution, college,
university, academy, or agency which offers
penal or corrections training for correctional
officers, probation/ parole officers, or
probation/ parole officers- surveillance.
" School" includes the corrections training
course curricula, instructors, and facilities.
( 16) " School Director" means the person designated
by the sponsoring institution or agency to
administer the " School."
( 17) " Standards Division" means the Criminal
Justice Standards Division of the North
Carolina Department of Justice.
( 18) " State Corrections Training Points" means
points earned toward the State Corrections
Officers' Professional Certificate Program by
successful completion of Commission-approved
corrections training courses. 20
classroom hours of Commission- approved
corrections training equals one State
Corrections training point.
Authority G. S. 17C- 2; 17C- 6; 17C- 10; 153A- 217.
12 NCAC 09G .0103 RULE- MAKING AND
ADMINISTRATIVE HEARING PROCEDURES
( a) In addition to the procedures set out in G. S. 150B- 20,
Petitions for Rule- Making shall be submitted to the Commission
and shall contain:
( 1) petitioner's name, address and telephone
number;
( 2) a draft of the proposed rule or rule change;
( 3) the reason for its proposal;
( 4) the effect of the proposal on existing rules or
decisions;
( 5) data supporting the proposal;
( 6) practices likely to be affected by the proposal;
and
( 7) a list or des cription of persons likely to be
affected by the proposed rule.
( b) Administrative hearings in contested cases conducted by the
Commission or an Administrative Law Judge ( as authorized in
G. S. 150B- 40) shall be governed by:
( 1) procedures set out in G. S. 150B, Article 3;
( 2) insofar as relevant, the Rules of Civil
Procedure as contained in G. S. 1A - 1; and
( 3) insofar as relevant, the General Rules of
Practice for the Superior and District Courts as
authorized by G. S. 7A - 34 and found in the
Rules Volume of the North Carolina General
Statutes.
( c) The rules establishing procedures for contested cases
adopted by the Office of Administrative Hearings as contained
in 26 NCAC 03 are hereby adopted by reference for contested
cases for which this agency has authority to adopt rules under
G. S. 150B- 38( h). All such adoptions by reference shall
automatically include any later amendments and editions of the
incorporated material as provided by G. S. 150B- 21.6.
( d) Provided, however, that if the case is conducted under G. S.
150B- 40( b), the presiding officer shall have the powers and
duties given to the Chief Administrative Law Judge or the
presiding Administrative Law Judge in 26 NCAC 03 and that 26
NCAC 03 .0101( 2); .0102( a)( 1); and .0103( b) shall not apply.
( e) An applicant for certification or a certified officer shall have
60 days from the date of receipt of a notice of proposed action
by the Commission to request a contested case hearing.
Authority G. S. 17C- 6; 150B- 20; 150B- 21.6; 150B- 38( h);
150B- 40.
SECTION .0200 - MINIMUM STANDARDS FOR
CERTIFICATION OF CORRECTIONAL OFFICERS,
PROBATION/ PAROLE OFFICERS, AND
PROBATION/ PAROLE OFFICERS- SURVEILLANCE
12 NCAC 09G .0201 EMPLOYMENT PROCESS:
DOCUMENTATION: AND RECORDS RETENTION
( a) The North Carolina Department of Correction is a state
agency and is subject to G. S. 126. The employment process
shall be consistent with the rules established by the State
Personnel Commission as authorized by G. S. 126- 4( 6) and 126-
4( 7)( a).
( b) The North Carolina Department of Correction shall
document the employment process and that the minimum
standards for employment have been satisfied through forms as
approved by the State Personnel Commission.
( c) The North Carolina Department of Correction shall maintain
and release those employment records in accordance with G. S.
126- 24.
Authority G. S. 126.
12 NCAC 09G .0202 CITIZENSHIP
Every person employed as a correctional officer,
probation/ parole officer, or probation/ parole officer- surveillance
by the North Carolina Department of Correction shall be a
citizen of the United States.
Authority G. S. 17C- 6; 17C- 10.
12 NCAC 09G .0203 AGE
( a) Every person employed as a correctional officer,
probation/ parole officer, or probation/ parole officer- surveillance
by the North Carolina Department of Correction shall be at least
20 years of age.
( b) Candidates shall document age through documents issued by
any county, State, or federal government agency.
Authority G. S. 17C- 6; 17C- 10.
12 NCAC 09G .0204 EDUCATION
( a) Every person employed as a correctional officer by the
North Carolina Department of Correction shall be a high school
graduate or have passed the General Educational Development
Test indicating high school equivalency.
( b) Every person employed as a probation/ parole officer by the
North Carolina Department of Correction shall be a graduate of
a regionally accredited college or university and have attained at
least the baccalaureate degree.
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80
( c) Every person employed as a probation/ parole officer-surveillance
by the North Carolina Department of Correction
shall be a high school graduate or have passed the General
Educational Development Test indicating high school
equivalency.
( d) Each applicant for employment as a corrections officer shall
furnish to the North Carolina Department of Correction
documentary evidence that the applicant has met the educational
requirements for the corrections field of expected employment.
( 1) Documentary evidence of educational
requirements shall consist of official
transcripts of courses completed or diplomas
received from a recognized public school or an
approved private school which, in either case,
meet the approval guidelines of the North
Carolina Department of Public Instruction or
comparable out- of- state agency. The Director
of the Standards Division shall determine
whether other types of documentation will be
permitted in specific cases. High school
diplomas earned through correspondence
enrollment are not recognized toward these
minimum educational requirements.
( 2) Documentary evidence of completion of the
General Educational Development " GED"
Test shall be satisfied by a certified copy of
GED test results showing successful
completion. A certified copy of a military
GED diploma may be used as alternate
evidence of GED completion.
Authority G. S. 17C- 6; 17C- 10.
12 NCAC 09G .0205 PHYSICAL AND MENTAL
STANDARDS
( a) Every person employed as a correctional officer,
probation/ parole officer, or probation/ parole officer- surveillance
by the North Carolina Department of Correction shall have been
examined and certified by a licensed physician, physician's
assistant, or nurse practitioner to meet the physical requirements
to fulfill properly the officer's particular responsibilities as stated
in the essential job functions.
( b) Every person employed as a correctional officer,
probation/ parole officer, or probation/ parole officer- surveillance
by the North Carolina Department of Correction shall have been
administered a psychological screening examination by a clinical
psychologist or psychiatrist licensed to practice in North
Carolina within one year prior to employment with the North
Carolina Department of Correction to determine the officer's
mental and emotional suitability to fulfill properly the officer's
particular responsibilities as stated in the essential job functions.
Authority G. S. 17C- 6; 17C- 10.
12 NCAC 09G .0206 MORAL CHARACTER
Every person employed as a correctional officer,
probation/ parole officer, or probation/ parole officer- surveillance
by the North Carolina Department of Correction shall
demonstrate good moral character as evidenced by, but not
limited to:
( 1) not having been convicted of a felony for 10
years since the date of conviction or the
completion of any corrections supervision
imposed by the courts whichever is later;
( 2) not having been convicted of a misdemeanor
as defined in 12 NCAC 09G .0102( 10) for
three years since the date of conviction or the
completion of any corrections supervision
imposed by the courts whichever is later;
( 3) having submitted to and produced a negative
result on a drug test which meets the
certification standards of the Department of
Health and Human Services for Federal
Workplace Drug Testing Programs, copies of
which may be obtained from National Institute
on Drug Abuse, 5600 Fisher Lane, Rockville,
Maryland 20857 at no cost, to detect the illegal
use of at least cannabis, cocaine, phencyclidine
( PCP), opiates and amphetamines or their
metabolites;
( 4) submitting to a background investigation
consisting of:
( a) verification of age;
( b) verification of education;
( c) criminal history check of local, state,
and national files; and
( 5) being truthful in providing all required
information as prescribed by the application
process.
Authority G. S. 17C- 6; 17C- 10.
SECTION .0300 - CERTIFICATION OF
CORRECTIONAL OFFICERS, PROBATION/ PAROLE
OFFICERS, PROBATION/ PAROLE OFFICERS-SURVEILLANCE,
AND INSTRUCTORS
12 NCAC 09G .0301 CERTIFICATION OF
CORRECTIONAL OFFICERS, PROBATION/ PAROLE
OFFICERS, AND PROBATION/ PAROLE OFFICERS -
SURVEILLANCE
Every person employed as a correctional officer,
probation/ parole officer, or probation/ parole officer- surveillance
shall be certified as prescribed by these Rules. The Commission
shall certify an officer as either a probationary officer or general
officer based on the officer's qualifications and experience.
Authority G. S. 17C- 6; 17C- 10.
12 NCAC 09G .0302 NOTIFICATION OF CRIMINAL
CHARGES/ CONVICTIONS
( a) Every person employed and certified as a correctional
officer, probation/ parole officer, or probation/ parole officer-surveillance
shall notify the Standards Division of all criminal
offenses for which the officer is charged, arrested, pleads no
contest, pleads guilty, or of which the officer is found guilty.
Criminal offenses shall include all felony offenses and shall
specifically include those misdemeanor offenses delineated in 12
NCAC 09G .0102.
( b) The notifications required under this Subparagraph must be
in writing, must specify the nature of the offense, the court in
PROPOSED RULES
16: 02 NORTH CAROLINA REGISTER July 16, 2001
81
which the case was handled, the date of arrest or criminal
charge, the final disposition and the date thereof. The
notifications required under this Subparagraph must be received
by the Standards Division within 30 days of the date the case
was disposed of in court.
( c) The requirements of this Subparagraph shall be applicable at
all times during which the officer is certified by the Commission
and shall also apply to all applicants for certification.
( d) Officers required to notify the Standards Division under this
Subparagraph shall also make the same notification to their
employing or appointing executive officer within 20 days of the
date the case was disposed of in court. The executive officer,
provided he has knowledge of the officer's arrest( s), or criminal
charge( s), and final disposition( s), shall also notify the Standards
Division of all arrests or criminal convictions